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STATE v. SANTIAGO

No. 5D05-2162.

928 So.2d 480 (2006)

STATE of Florida, Appellant, v. Vidal SANTIAGO, Appellee.

District Court of Appeal of Florida, Fifth District.

May 5, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

The State appeals from an order finding that double jeopardy bars Defendant Vidal Santiago from being retried for the murder of a fellow prison inmate, following a defense-requested mistrial. We reverse.

"The general rule is that when a mistrial is declared upon the defendant's motion ... jeopardy does not attach and the defendant may be retried." Rutherford v. State, 545 So.2d 853, 855 (Fla.1989) (citing...

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