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STATE v. FENNELL

Misc. Docket AG No. 72, September Term, 2012.

66 A.3d 630 (2013)

431 Md. 500

STATE of Maryland v. Sean FENNELL.

Court of Appeals of Maryland.

May 17, 2013.

Attorney(s) appearing for the Case

Cathleen C. Brockmeyer , Assistant Attorney General, ( Douglas F. Gansler , Attorney General of Maryland, Baltimore, MD), on brief, for Petitioner.

Scott L. Rolle , (Law Offices of Scott L. Rolle, LLC, Frederick, MD), on brief, for Respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA, and McDONALD, JJ.

HARRELL, J.

The Double Jeopardy Clause of the United States Constitution, as well as Maryland common law, protect a defendant from being subject twice to criminal proceedings for the same offense. U.S. Const. amend. V; Hubbard v. State, 395 Md. 73, 91-92, 909 A.2d 270, 280-81 (2006). Where a mistrial is declared because of manifest necessity, however, retrial is not prohibited. Hubbard,

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