State v. Battaglia

Birdsong, Presiding Judge.

Appellee Joseph Dominic Battaglia was charged with DUI and failure to maintain lane. Jury trial was terminated by grant of the State’s mistrial motion; thereafter, the State sought to retry appellee. Appellee filed a plea in bar and motion to dismiss upon double jeopardy grounds which was granted, and the State appeals.

The mistrial ruling occurred when appellee’s counsel was cross-examining the State’s witness, Deputy Higdon. The deputy previously had testified that appellee had provided no medical excuse for being unable to perform field sobriety tests, and had not…