Feria v. Spencer

The petitioner, Roberto Feria, petitions this court to issue a writ prohibiting his reprosecution based on the constitutional prohibition against double jeopardy. We grant the writ of prohibition.

During the state’s redirect examination of one of its witnesses the trial court, sua sponte, and without the defendant’s consent, declared a mistrial and discharged the jury. The defendant’s silence when the trial court granted the mistrial cannot be construed as consent. See State v. Grayson, 90 So.2d 710 (Fla.1956); Allen v. State, 52 Fla. 1, 41 So. 593 (1906); State v. McNeil, 362 So.2d 93 (Fla.…