Commonwealth v. Cobb

OPINION BY

STRASSBURGER, J.:

Gavin Lloyd Cobb, Appellant, appeals from the court order 1 denying his motion to dismiss charges on the basis of double jeopardy after the trial court sua sponte declared a mistrial over objections from both Appellant and the Commonwealth. We hold that manifest necessity did not exist to justify the trial court’s declaration of a mistrial. Therefore, we reverse the trial court’s denial of Appellant’s motion to dismiss and order that Appellant be discharged at Counts 2 through 10 of the criminal information on the basis that Appellant’s re-prosecution on these…