C.A.K. v. State

The appellant, C.A.K., a child, challenges the trial court’s order which denied her motion to dismiss the petition filed against her. The appellant contends that the trial court erred in granting the state’s motion for mistrial and that retrial would subject her to double jeopardy. We agree and reverse.

The appellant entered a written denial to the charge of burglary of a structure, in violation of section 810.02(3), Florida Statutes (1993). At the trial in this case, Officer Houston testified that Mr. Eckes told him that the appellant, Mr. Kliewer, and Mr. Eckes were drinking wine in the…