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ABARCA v. STATE

No. A02A0329.

567 S.E.2d 368 (2002)

256 Ga. App. 37

ABARCA v. The STATE.

Court of Appeals of Georgia.

June 20, 2002.

Attorney(s) appearing for the Case

George Handelsman, Dell Jackson, Atlanta, for appellant.

Paul L. Howard, Jr., Dist.Atty., Marc A. Mallon, Asst. Dist. Atty., for appellee.

BARNES, Judge.

Rosendo Abarca appeals the trial court's order denying his motion to dismiss his hit and run prosecution on the ground of double jeopardy. For the reasons that follow, we affirm.

On the second day of Abarca's earlier trial, scheduled to begin at 9:00 a.m., the following exchange took place between defense counsel and the previous trial judge at 9:15 a.m.:

THE COURT: Are there any prosecutors...

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