Williams v. State

Carley, Presiding Judge.

Appellant was brought to trial before a jury on a charge of selling cocaine. On appellant’s motion, however, a mistrial was declared. Although appellant sought to avoid retrial, his plea of double jeopardy was denied and a jury returned a verdict of guilty. He appeals from the judgment of conviction and sentence entered on the jury’s guilty verdict and he enumerates as error only the denial of his plea of double jeopardy.

“ ‘Only where the governmental conduct in question is intended to “goad” the defendant into moving for a mistrial may a defendant raise the bar of…