Bruce v. State

Doyle, Judge.

After the trial court declared a mistrial during Michael Bruce’s trial for driving under the influence, Bruce filed a plea in bar requesting the dismissal of the accusation on double jeopardy grounds. Following a hearing, the trial court denied the plea in bar, and Bruce appeals. We affirm because, based on the limited record before us, we cannot determine that the trial court abused its discretion in finding a manifest necessity for the mistrial.

As a rule, if the trial court declares a mistrial over the defendant’s objection or without his consent,- the defendant may be retried,…