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.