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TREMELLING v. STATE

No. A03A1029.

587 S.E.2d 785 (2003)

263 Ga. App. 418

TREMELLING v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied September 26, 2003.

Attorney(s) appearing for the Case

Steven E. Scheer, Savannah, for appellant.

Spencer Lawton, Jr., Solicitor-General, Jennifer L. Parker, Asst. Solicitor-General, for Appellee.

MILLER, Judge.

Brett P. Tremelling was charged in recorder's court with DUI. He moved to suppress certain evidence and requested a pre-trial hearing. Following the hearing, the recorder's court dismissed the charge. The State refiled this charge in state court, and Tremelling filed a plea in bar based on double jeopardy. The state court denied the plea in bar, finding that the motions hearing before the recorder's court was not a trial and that therefore jeopardy...

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