HERNANDEZ v. STATE

No. A00A0014.

537 S.E.2d 149 (2000)

244 Ga. App. 874

HERNANDEZ v. The STATE.

Court of Appeals of Georgia.

July 10, 2000.


Attorney(s) appearing for the Case

Monica T. Myles, Jill L. Anderson, Douglasville, Virginia W. Tinkler, Decatur, for appellant.

David McDade, District Attorney, Jeffrey L. Ballew, Assistant District Attorney, for appellee.

Nancy J. King, James C. Bonner, Jr., Decatur, amici curiae.


SMITH, Presiding Judge.

Arturo Hernandez appeals from the trial court's denial of his plea in bar made on the ground of double jeopardy after the trial court declared a mistrial over the objection of Hernandez. We conclude that no manifest necessity existed for the mistrial and that Hernandez's plea should have been granted. We therefore reverse the judgment below.

Hernandez was charged jointly with his cousins, Joshua Diaz and Otman Martinez, with entering...

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