REYNOLDS, Chief Justice.
Following his acquittal of the charge of burglary of a habitation, appellee Steven Barkley Comerford was charged with unauthorized use of a motor vehicle. Upon appellee's special plea of double jeopardy, the court dismissed the cause with prejudice, and the State appealed. Finding that appellee's reindictment and prosecution on the second offense is not barred by double jeopardy or by collateral estoppel, we will reverse and remand.
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