NOBLES v. BEAUCHAMP

No. 96-4202.

686 So.2d 750 (1997)

Johnnie Jerome NOBLES, Sr., Petitioner, v. The Honorable W.O. BEAUCHAMP, Circuit Court Judge in and for the Eighth Judicial Circuit in and for Alachua County, Florida, Respondent.

District Court of Appeal of Florida, First District.

January 10, 1997.


Attorney(s) appearing for the Case

Mary Day Coker of Scruggs & Carmichael, P.A., Gainesville, for Petitioner.

Robert A. Butterworth, Attorney General; Mark C. Menser, Assistant Attorney General, Tallahassee, for Respondent.


WEBSTER, Judge.

Petitioner seeks a writ of prohibition to prevent a retrial on charges of robbery and aggravated battery following the declaration of a mistrial by the trial court, on the state's motion and over his objection, during his first trial. He argues that, because no "manifest necessity" occasioned the declaration of a mistrial, retrial is barred by the double jeopardy clauses of the state and federal constitutions. We agree and, accordingly, grant the petition...

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