State v. Melton

After jeopardy attached in John Melton’s first prosecution for robbery and assault, the trial court declared a mistrial due to defense counsel’s absence from trial due to illness. When his second trial commenced, Mel ton unsuccessfully moved to dismiss on the ground that further prosecution was barred by double jeopardy. A jury subsequently convicted him of first degree robbery, and he appeals. Because the court did not abuse its discretion in declaring a mistrial, we affirm.

The State charged Melton with first degree robbery and second degree assault. After the completion of pretrial motions,…