Julian v. State

DOYLE, Presiding Judge.

Russell E. Julian appeals the denial of his motion for discharge and acquittal, arguing that the trial court erred by granting the State’s motion for a mistrial, over his objection, based on the State’s inability to secure the testimony of a prior difficulty witness. We agree and reverse.

The appellate standard of review of a grant or denial of a double jeopardy plea in bar is whether, after reviewing the trial court’s oral and written rulings as a whole, the trial court’s factual findings support its legal conclusion. [(Questions of law are reviewed de novo. Where the…