State v. Carter

OPINION

SUMMERS, Judge.

The appellant, James L. Carter, appeals from the judgment of the lower court holding that he can be retried for first-degree murder after the declaration of a mistrial. We granted the appellant’s application for interlocutory appeal to determine whether a subsequent prosecution for the same charge is prohibited by the double jeopardy provisions of the state and federal constitutions.

We find that appellant can be retried. We modify the judgment of the lower court as to the use of aggravating circumstances should appellant be convicted and a death penalty phase ensue.

Appell…