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RENDERED: DECEMBER 8, 2006; 10:00 A.M.
TO BE PUBLISHED

Commonwealth Of Kentucky
Court of Appeals

NO. 2005-CA-002369-MR
JOE FRANCES BENNETT APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT

v. HONORABLE GEOFFREY P. MORRIS, JUDGEACTION NO. 04-CR-002460 COMMONWEALTH OF KENTUCKY APPELLEE AND NO. 2005-CA-002370-MR
MARCELLA MARIE PATTERSON APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT
v. HONORABLE GEOFFREY P. MORRIS, JUDGEACTION NO. 04-CR-002460
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION
AFFIRMING
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BEFORE: COMBS, CHIEF JUDGE; WINE, JUDGE; PAISLEY,1 SENIOR JUDGE.

1 Senior Judge Lewis G. Paisley sitting as Special Judge by assignment of theChief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution andKRS 21.580.
WINE, JUDGE: Joe Frances Bennett and Marcella Marie Patterson appeal from conditional guilty pleas following a mistrial in their joint trial on drug trafficking charges. They both argue, for different reasons, that the trial court erred in denying their motions to dismiss on double jeopardy grounds. However, their motions for a mistrial preclude them from objecting to a retrial on double jeopardy grounds, and there is no showing that the mistrial was caused by an intentional action of the prosecutor. We further conclude that the trial court acted within its discretion in finding that a manifest necessity existed for a mistrial in both cases. Hence, we affirm.
On August 30, 2004, a Jefferson County grand jury returned an indictment charging Bennett and Patterson with first-degree trafficking in a controlled substance (methamphetamine) and first-degree possession of a controlled substance (schedule II

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