Sanchez v. State

A Whitfield County grand jury indicted Ener Sanchez for: Count 1, trafficking in methamphetamine-28 grams or more; Count 2, trafficking in cocaine-28 grams or more; Count 3, possession of a firearm during the commission of a crime; and Count 4, giving a false name. The case was tried before a jury, and Sanchez was found not guilty on Count 3 possession of a firearm during the commission of a crime, but guilty on Count 4 giving a false name. The jury hung on Counts 1 and 2, and the trial court declared a mistrial. Thereafter, the State reindicted Sanchez in a two count indictment charging him with trafficking in methamphetamine—28 grams or more, and trafficking in cocaine—400 grams or more. A second jury trial resulted in Sanchez’ conviction on both counts. He appeals, raising issues with regard to his plea in abatement and plea in bar which were heard and denied prior to the second trial. Finding no error in the trial court’s rulings, we affirm Sanchez’ conviction.

1. Sanchez contends that, following the jury’s deadlock and the trial court’s declaration of mistrial, the State should not have been allowed to reindict him for trafficking in “400 grams or more” of cocaine, as opposed to the “28 grams or more” for which he was originally indicted. Sanchez argues that, by reindicting him for the larger amount, he faced a significantly increased punishment which is “presumed to be prosecutorial vindictiveness,” as proscribed by the United States Supreme Count in Blackledge v. Perry, 417 U. S. 21 I 94 SC 2098, 40 LE2d 628 1974.