STEWART v. STATE

No. 1D02-0362.

846 So.2d 1175 (2003)

Dale Benefield STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 12, 2003.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant, Dale Benefield Stewart, appeals his conviction of sexual battery. Appellant argues that because no "manifest necessity" occasioned the declaration of a mistrial, his retrial was barred by the double jeopardy clauses of the state and federal constitutions. We agree and, accordingly, reverse.

The case initially went to trial on October 18, 2001. During the testimony of the first witness, the trial judge was advised of an anthrax scare...

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