Evans

[EDITORS' NOTE: REVIEW DENIED AND OPINION ORDERED DEPUBLISHED, OCTOBER 22, 2003, BY THE CALIFORNIA SUPREME COURT; PURSUANT TO RULES 976, 976.1 and 979 OF THE CALIFORNIA RULES OF COURT, THIS OPINION IS NOT CERTIFIED FOR PUBLICATION. THE SHADED TEXT BELOW REPRESENTS THE ORIGINAL OPINION AND IS PROVIDED FOR REFERENCE PURPOSES ONLY.] Petitioner Amar Naim Evans was charged with multiple counts involving two robberies. During his trial the court became aware that a juror had failed to fully disclose her potential bias against the prosecution. After questioning the juror and determining that the juror could not fairly determine petitioner's guilt or innocence, the trial court dismissed the juror. Because both alternates had been excused, and because the parties were unwilling to proceed without a jury of 12, the trial court then declared a mistrial. Petitioner asserts the double jeopardy provisions of the state and federal Constitutions bar any retrial. We agree and grant his petition. FACTS On July 13, 2000, petitioner was charged with multiple counts involving the robbery of two restaurants. Petitioner was subsequently arraigned on an eight-count information charging five counts of…