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COM. v. WOOD

803 A.2d 217 (2002)

COMMONWEALTH of Pennsylvania, Appellee, v. Dawan WOOD, Appellant.

Superior Court of Pennsylvania.

Filed July 2, 2002.

Attorney(s) appearing for the Case

Christine H. Nooning, Public Defender, Pittsburgh, for appellant.

Kevin McCarthy, Assistant District Attorney, Pittsburgh, for Com.

Before: JOHNSON, BENDER and MONTEMURO, JJ.

OPINION BY BENDER, J.:

¶ 1 Dawan Wood (Appellant) appeals from the order denying his motion for a dismissal of the charges against him based on double jeopardy grounds. Appellant claims that the Commonwealth is barred from retrying him because the prosecutor in his first trial engaged in misconduct intended to prejudice Appellant to the point of denying him a fair trial and intentionally goading Appellant into moving for a mistrial. For the reasons that follow...

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