London v. State

ON MOTION FOR REHEARING

Upon reappraisal of the facts, we now conclude the original opinion was incorrect and reverse and remand for new trial.

This is the defendant’s fourth trial for the same murder. In light of Sayan v. State, 381 So.2d 363, 364 (Fla. 4th DCA 1980) (“After a mistrial, a case stands as if it had never been tried and the defendant is subject to being tried again on the same charge.”), we do not say appellant should have been discharged on double jeopardy grounds; but the fact that there were three prior mistrials, two of them because of hung juries, suggests there was…