Bentley v. State

Phipps, Judge.

David Bentley appeals the denial of his motion for discharge and acquittal made on the ground of double jeopardy after the trial court declared a mistrial over his objection. Because declaration of a mistrial on the ground of manifest necessity was not an abuse of discretion, the trial court did not err in denying Bentley’s motion. We affirm.

Bentley was charged with driving with an unlawful alcohol concentration, driving under the influence of alcohol to the extent that it was less safe for him to drive, failure to maintain lane, and two counts of speeding. At a jury trial,…