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Ortiz v. State

District Court of Appeal of Florida, Second District
Feb 5, 1986
482 So. 2d 563 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2790.

February 5, 1986.

Petition for Writ of Certiorari to the Circuit Court for Pinellas County; Helen S. Hansel, Judge.

Robert E. Jagger, Public Defender, and Howard L. Crown, Asst. Public Defender, Clearwater, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and James H. Dysart, Asst. Atty. Gen., Tampa, for respondent.


Manfredo Ortiz petitions this court for a writ of prohibition barring the circuit court from conducting a second trial on charges of resisting arrest, battery on a police officer, and carrying a concealed weapon. The petition stems from the court's declaration of a mistrial over the objection of the defense. Concluding that there did not exist manifest necessity for the mistrial, we grant the petition. See, e.g., Spaziano v. State, 429 So.2d 1344 (Fla. 2d DCA 1983).

SCHOONOVER, A.C.J., and LEHAN and SANDERLIN, JJ., concur.


Summaries of

Ortiz v. State

District Court of Appeal of Florida, Second District
Feb 5, 1986
482 So. 2d 563 (Fla. Dist. Ct. App. 1986)
Case details for

Ortiz v. State

Case Details

Full title:MANFREDO ORTIZ, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:District Court of Appeal of Florida, Second District

Date published: Feb 5, 1986

Citations

482 So. 2d 563 (Fla. Dist. Ct. App. 1986)