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SEYMOUR v. STATE

No. A03A1347.

586 S.E.2d 713 (2003)

262 Ga. App. 823

SEYMOUR v. The STATE.

Court of Appeals of Georgia.

August 20, 2003.

Attorney(s) appearing for the Case

Gordon & Brown, Gerald W. Brown, for appellant.

Ralph W. Powell, Jr., Solicitor-General, Kevin D. Gonzalez, Nancy M. Harris, Asst. Solicitors-General, for appellee.

PHIPPS, Judge.

Andrew Seymour appeals the denial of his plea in bar of former jeopardy made after the trial court granted his motion for a mistrial. Seymour urges this court to adopt a new standard when evaluating whether double jeopardy bars retrial after a mistrial is granted due to conduct of the state or its witnesses. We decline to do so and affirm.

The record shows that Seymour was charged with DUI, improper...

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