State v. Salazar

OPINION

APODACA, Judge.

1. Defendant appeals the trial court’s order denying his motion to dismiss the indictment against him on double jeopardy grounds. He argues that the trial court abused its discretion in declaring a mistrial due to a manifest necessity because of juror disability. The mistrial was declared after the jury had already been sworn and seated for Defendant’s trial. We are unpersuaded that the trial court abused its discretion and therefore affirm.

I. BACKGROUND

2. Defendant was indicted on multiple drug charges. A jury was selected and sworn on the day set for trial. No…