State v. Santiago

The State appeals from an order finding that double jeopardy bars Defendant Vidal Santiago from being retried for the murder of a fellow prison inmate, following a defense-requested mistrial. We reverse.

“The general rule is that when a mistrial is declared upon the defendant’s motion ... jeopardy does not attach and the defendant may be retried.” Rutherford v. State, 545 So.2d 853, 855 (Fla.1989) (citing McLendon v. State, 74 So.2d 656 (Fla.1954); State ex rel. Larkins v. Lewis, 54 So.2d 199 (Fla.1951)). “An exception occurs when the prosecution goads the defense into moving for a mistrial…