State v. Sheets

¶1 When a mistrial is granted without the defendant’s consent and after jeopardy has attached, a *152retrial is barred by double jeopardy principles unless the mistrial was justified by a “ ‘manifest necessity.’ ” State v. Graham, 91 Wn. App. 663, 667, 960 P.2d 457 (1998) (quoting State v. Eldridge, 17 Wn. App. 270, 276, 562 P.2d 276 (1977)). Jayson P Sheets was charged with attempted second degree rape. During the trial, a State’s witness testified that the victim appeared intoxicated and he further testified that he based this opinion upon his perception that the victim had been flirting with…