Gallemore v. State

OPINION

ANNE GARDNER, Justice.

I. Introduction

We must decide in this appeal whether double jeopardy bars retrial of a defendant when, following the defendant’s guilty plea, the trial court granted a mistrial and dismissed the case because of an alleged jurisdictional defect in the indictment. We hold that, under the circumstances presented by this case, the answer is “no.” Accordingly, we affirm the trial court’s judgment.

II. Background

A grand jury originally indicted Appellant Robert John Gallemore for felony driving while intoxicated 1 on December 14, 2005, and Appellant entered an open plea…