TULO v. STATE

No. 2D10-870.

31 So.3d 949 (2010)

Anthony TULO, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

April 9, 2010.


Attorney(s) appearing for the Case

Jackson Stuart Flyte, Regional Counsel, Second District, Bartow; and Ngozi C. Acholonu, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Clearwater, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Respondent.


ALTENBERND, Judge.

Anthony Tulo seeks a writ of prohibition from this court compelling the trial court to discharge him in circuit court case number CRC 06-07214 CFANO. We must grant the writ because, after the jury was sworn and over Mr. Tulo's objection, the trial court declared a mistrial without engaging in any consideration of the possible alternatives to mistrial and, thus, without determining that a mistrial was a manifest necessity. See Thomason v. State...

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