Florida District Courts of Appeal, 1986

Ortiz v. State

Ortiz v. State
Florida District Courts of Appeal · Decided February 5, 1986 · Lehan, Sanderlin, Schoonover
482 So. 2d 563; 11 Fla. L. Weekly 375; 1986 Fla. App. LEXIS 6251 (Southern Reporter, Second Series)

Ortiz v. State

Opinion of the Court

PER CURIAM.

Manfredo Ortiz petitions this court for a writ of prohibition barring the circuit court from conducting a second trial on charges of resisting arrest, battery on a police officer, and carrying a concealed weapon. The petition stems from the court’s declaration of a mistrial over the objection of the defense. Concluding that there did not exist manifest necessity for the mistrial, we grant the petition. See, e.g., Spaziano v. State, 429 So.2d 1344 (Fla. 2d DCA 1983).

SCHOONOVER, A.C.J., and LEHAN and SANDERLIN, JJ., concur.

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