PFEIFER, J.
The issue before us is whether the court of appeals correctly dismissed the state's appeal. For the following reasons, we find that the dismissal by the court of appeals was improper.
In oral argument, appellee with candor declined to support the court of appeals' conclusion that jeopardy had attached when the trial court granted the appellee's motion to dismiss.
Appellee's concession was prudent because the conclusion of the court of appeals...
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