RODRIGUEZ v. BURK

No. 94-0935.

637 So.2d 317 (1994)

Rafael O. RODRIGUEZ, Petitioner, v. Richard B. BURK, as Circuit Judge of the Fifteenth Judicial Circuit, Respondent.

District Court of Appeal of Florida, Fourth District.

May 25, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Richard J. Carberry, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for respondent.


PER CURIAM.

The defendant/petitioner seeks prohibition to prevent a second trial after the trial court's declaration of a mistrial during the first trial. We grant the petition and direct that the charges be dismissed.

Petitioner was charged with one count of possession of cocaine with intent to sell, and one count of possession of drug paraphernalia. On March 14, 1994, a jury trial commenced in his prosecution. The following day, after the jury had been sworn...

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