Mathis v. State

Bernes, Judge.

Appellant Stuart Kelly Mathis was charged with speeding, driving under the influence, and an open container violation. A jury trial ensued during which the trial court granted Mathis’ motion for mistrial made after the prosecutor made improper comments during closing argument. Mathis subsequently filed a motion for acquittal and discharge contending double jeopardy barred his further prosecution. The trial court denied the motion finding the prosecutor had not intended to subvert the protections afforded by the Double Jeopardy Clause. Mathis appeals the trial court’s denial of…