OPINION
WOOD, Chief Judge.
The appeal involves a double jeopardy claim based on the prosecutor's alleged bad faith conduct.
Defendant was being tried on a charge of forgery of a check. During his opening statement, the prosecutor stated that a detective would testify that he presented a photo array to the victim, that the array was of persons that "may or have been involved in previous crimes" and that the victim had selected defendant's picture...
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