Hernandez v. State

Smith, Presiding Judge.

Arturo Hernandez appeals from the trial court’s denial of his plea in bar made on the ground of double jeopardy after the trial court declared a mistrial over the objection of Hernandez. We conclude that no manifest necessity existed for the mistrial and that Hernandez’s plea should have been granted. We therefore reverse the judgment below.

Hernandez was charged jointly with his cousins, Joshua Diaz and Otman Martinez, with entering an auto to commit theft, theft by receiving, and armed robbery. The day before all three were to be tried, Diaz and Martinez accepted…