People v. Fudge

Defendant was convicted by a jury of breaking and entering a building with intent to commit larceny. MCL 750.110; MSA 28.305. Subsequently, he pled guilty as a second offender and was sentenced to serve 10 to 15 years in prison. He appeals and we affirm.

Defendant first claims that he was twice placed in jeopardy when he was retried following the trial court’s declaration of a mistrial at his first trial.

The United States and Michigan Constitutions prohibit a defendant from being placed in double jeopardy. US Const, Am V; Const 1963, art 1, § 15. When a mistrial in the original proceeding is…