Florida District Courts of Appeal, 2007

Jackson v. State

Jackson v. State
Florida District Courts of Appeal · Decided May 2, 2007 · Farmer, Hazouri, Warner
958 So. 2d 435; 2007 Fla. App. LEXIS 6652; 2007 WL 1263043 (Southern Reporter, Second Series)

Jackson v. State

Opinion of the Court

PER CURIAM.

Affirmed. Appellant’s challenges to his 1972 conviction are untimely and successive. He also contends that the trial court lacked subject matter jurisdiction to try him a second time without first determining the manifest necessity of declaring a mistrial in the first prosecution. This is not an issue of subject matter jurisdiction but of double jeopardy, which was not violated because the new trial was the result of a hung jury in the first trial. See, e.g., McCulloch v. State, 859 So.2d 531 (Fla. 4th DCA 2003).

WARNER, FARMER and HAZOURI, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.