State v. Sales

FLANIGAN, Judge.

Andrew Sales, charged as a second offender, was found guilty by a jury of the offenses of burglary and stealing. He received consecutive sentences of three years for the burglary and two years for stealing.

This appeal by defendant is from the judgment entered in a second trial for the same offenses. At the first trial the jury was unable to reach a verdict and a mistrial was declared.

Defendant’s first point is that the trial court, in subjecting him to the second trial, violated the "double jeopardy” provisions of the federal and state constitutions. “Termination of the first…