ULYSSES JACKSON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ULYSSES JACKSON, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
958 So. 2d 435
Florida District Court of Appeal, Fourth District (2007)
Opinion of the Court
PER CURIAM.
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.