Florida District Courts of Appeal, 1984

Moreland v. Snyder

Florida District Courts of Appeal · Decided December 4, 1984 · Nesbitt, Pearson, Schwartz

459 So. 2d 1167; 9 Fla. L. Weekly 2531; 1984 Fla. App. LEXIS 16034 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Upon the conclusion that there was plainly no “manifest necessity” to justify the trial court’s sua sponte declaration of a mistrial after the jury had been sworn below, see Corneiro v. Solomon, 450 So.2d 599 (Fla. 3d DCA 1984); State v. McNeil, 362 So.2d 93 (Fla. 1st DCA 1978),1 we grant the defendant’s petition for prohibition to preclude his retrial in violation of his rights against double jeopardy.2

. The state relies on Edwards v. State, 336 So.2d 447 (Fla. 3d DCA 1976). We distinguish the case on its facts without endorsing or repudiating its holding.

. We are sure that the issuance of the formal writ will not be required.

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