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Jackson v. State

District Court of Appeal of Florida, Fourth District
Jun 13, 2007
958 So. 2d 435 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D06-4998.

May 2, 2007. Rehearing Denied June 13, 2007.

Appeal from the Seventeenth Judicial Circuit, Broward County, Bona M. Holmes, J.

Ulysses Jackson, Jr., Polk City, pro se.

No appearance required for appellee.


Affirmed. Appellant's challenges to his 1972 conviction are untimely and successive. He also contends that the trial court lacked subject matter jurisdiction to try him a second time without first determining the manifest necessity of declaring a mistrial in the first prosecution. This is not an issue of subject matter jurisdiction but of double jeopardy, which was not violated because the new trial was the result of a hung jury in the first trial. See, e.g., McCulloch v. State, 859 So.2d 531 (Fla. 4th DCA 2003).

WARNER, FARMER and HAZOURI, JJ., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Fourth District
Jun 13, 2007
958 So. 2d 435 (Fla. Dist. Ct. App. 2007)
Case details for

Jackson v. State

Case Details

Full title:Ulysses JACKSON, Jr., Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 13, 2007

Citations

958 So. 2d 435 (Fla. Dist. Ct. App. 2007)