McGee v. State

Ruffin, Judge.

After a jury had been impaneled to try Anthony McGee for driving under the influence, the trial court sua sponte granted a mistrial. McGee moved for discharge and acquittal, arguing that any subsequent trial was barred by double jeopardy. The trial court *840denied the motion, and this appeal followed. Because we agree that the trial court erred in declaring a mistrial before considering less drastic alternatives, we reverse.

The relevant facts demonstrate that McGee was arrested and charged with two counts of driving under the influence. On Monday, February 12,2007, a jury was…