State v. Clover

COVINGTON, Judge.

The state appeals from an order sustaining Leonard Clover’s motion for a mistrial with prejudice. Defendant’s motion followed a question asked of him by the state on cross-examination. The court of appeals dismissed the appeal by opinion, finding that double jeopardy attached. This Court granted transfer. Reversed and remanded.

The state charged defendant with possession of a controlled substance as a prior and persistent offender. § 195.202, .285, RSMol994. Testimony at trial indicated that Detective Timothy Hedrick conducted periodic surveillance of defendant’s residence…