State v. Abboud

Appellant was indicted and tried for two counts of carrying a concealed weapon, a violation of R.C. 2923.12. During closing argument, defense counsel informed the jury that if convicted, appellant faced “a mandatory prison sentence.” The state moved for a mistrial, which the court granted. Appellant contends on appeal that there did not exist sufficient grounds to declare a mistrial, and that therefore the Double Jeopardy Clause of the United States Constitution bars the state of Ohio from prosecuting him further upon this charge. He also contends he had the right to inform the jury of the…