People v. Harvey

Following a jury trial, the defendant was convicted of armed robbery, MCL 750.529; MSA 28.797. Defendant was sentenced to a prison term of 6 to 15 years and appeals as of right.

The trial resulting in the conviction from which defendant appeals was the second in this case. In the first trial, the jury indicated that it could not reach unanimous agreement and the trial judge sua sponte declared a mistrial. Defendant’s sole claim of error on appeal is that the mistrial was improperly declared and, therefore, the second trial was barred by the prohibition against double jeopardy.

Defendant claims…