Archie v. State

Julius Archie was convicted of assault and assault — family violence, enhanced. He was sentenced to one year in jail for the assault and to ten years in prison for the enhanced family violence assault. Because the Double Jeopardy Clause is not implicated in this case and because the trial court did not err in overruling Archie’s motion for mistrial, I would affirm the trial court’s judgment in its entirety.

Double Jeopardy

In stating his first issue, Archie contends the trial court abused its discretion *434in failing to require the State to elect whether to proceed on count 1 or count 2 once it…