Stacey Ogletree appeals from the trial court’s order denying his motion to dismiss based upon an alleged violation of the prohibition against double jeopardy. In his sole enumeration of error, Ogletree contends that double jeopardy barred his subsequent prosecution because the trial court’s grant of a mistrial in the first proceeding was not manifestly necessary and therefore erroneous. We disagree and affirm. The Georgia Constitution provides that “no person shall be put in jeopardy of life or liberty more than once for the same offense except when a new trial has been granted after conviction or in case of mistrial.” Once a jury is impaneled and sworn, jeopardy attaches and an accused is entitled to have the trial proceed to an acquittal or conviction by that jury. The trial court may interrupt the proceedings and declare a mistrial over the defendant’s objection only if the prosecutor demonstrates manifest necessity for the mistrial. Manifest necessity exists when the accused’s right to have the trial completed by a particular tribunal is subordinate to the public interest in affording the prosecutor one full and fair opportunity to present his evidence to an impartial jury. The classic example of a proper basis for a mistrial is the trial judge’s belief that the jury is unable to reach a verdict; at the other extreme are the cases where the prosecutor seeks a mistrial to buttress weaknesses in the state’s evidence. When there is no prosecutorial misconduct, the trial court has broad discretion in deciding whether to grant a mistrial. Citations, punctuation and footnotes omitted. Laster v. State , 268 Ga. 172, 173 1 486 SE2d 153 1997. A trial court’s judgment about whether there was manifest necessity to grant a mistrial is entitled to great deference. . . . A trial judge has acted within his sound discretion in rejecting possible alternatives and in granting a mistrial, if reasonable judges could differ about the proper disposition, even though in a strict, literal sense, the mistrial is not “necessary.” This great deference means that the availability of another alternative does not without more render a mistrial order an abuse of sound discretion. Citations and punctuation omitted. Tubbs v. State , 276 Ga. 751, 754 3 583 SE2d 853 2003.
The record in this case shows that the State charged Ogletree with several counts of rape and child molestation. Jury selection began on Wednesday, March 12, 2008. The jury was impaneled on Friday, March 14, 2008.
