Barnett v. State

OPINION

Opinion by Justice GRANT.

Grant William Barnett appeals his conviction for possession of less than two ounces of marihuana, with a sentence of thirty days in the Harris County Jail, suspension of his driver’s license for one year, and court costs. In his sole issue on appeal, Barnett contends that his second trial for the offense charged was barred by double jeopardy because a mistrial was declared in the first trial due to intentional or reckless conduct by the prosecutor.

Procedural History/Statement of Facts

Before trial, Barnett’s counsel filed a Motion to Suppress Evidence, alleging…