Bailey v. State

Andrews, Judge.

This case is before us on appeal from the trial court’s denial of David Bailey’s motion to dismiss and plea of former jeopardy. The sole question presented is whether there was a “manifest necessity” for the trial court’s sua sponte declaration of a mistrial. We hold there was.

On August 10, 1992, shortly after midnight, a state patrolman stopped Bailey after he noticed Bailey’s truck weaving back and forth and crossing over the centerline of the highway. The officer testified he could smell alcohol when Bailey stepped out of the truck and Bailey appeared flushed and unsteady on…