SALTER v. STATE

No. 3D01-1854.

795 So.2d 168 (2001)

Tyrone SALTER, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

September 5, 2001.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for petitioner.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for respondent.

Before JORGENSON, COPE and GREEN, JJ.


COPE, J.

Tyrone Salter petitions for a writ of prohibition, seeking to prevent his retrial after the court declared a mistrial on the ground of manifest necessity. We entirely agree with Judge Leslie Rothenberg's ruling and deny the petition.

The State prosecuted defendant-petitioner Salter on the charge of possession of a firearm by violent career criminal. While the jury was deliberating, the principal defense witness recanted her testimony. She testified...

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