Brandon

Appellant Gregory Brandon was sentenced to four years in prison after he was found guilty in a court trial of first degree burglary. A jury was initially impaneled to decide the matter, but was discharged after appellant’s counsel moved for a mistrial for reasons we shall explain more fully in this opinion. Appellant objected to the mistrial. He contends in this appeal that the judgment must be reversed because his attorney deprived him of his constitutional right to effective assistance of counsel when he failed to assert that the second trial was barred by the double jeopardy clause of the Fifth Amendment. After review, we reject this contention and affirm the judgment.

Facts

Appellant was charged with having committed a first degree burglary on February 20, 1994. That day was a Sunday. The police report indicated the crime occurred on a Monday. On the second day of jury trial, the prosecutor informed appellant’s counsel that the crime occurred on Monday. Appellant’s counsel immediately moved for mistrial, but the court granted a day’s continuance in the hope that certain witnesses who might establish an alibi defense could be found over the weekend. When court…