Domangue v. State

OPINION

STATON, Judge.

Robert Domangue appeals the trial court's denial of a motion to dismiss charges against him. Domangue's initial trial ended in a mistrial, and he objected to retrial on double jeopardy grounds. Domangue raises one issue on interlocutory appeal which we restate as follows: whether the trial court erred in determining that manifest necessity justified the mistrial.

We reverse.

The record reveals the following facts. Domangue and William Odom, his passenger, were involved in an automobile accident in which Odom's arm was severed. Domangue was charged with operating a vehicle…