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PEREZ v. STATE

No. A04A0763.

596 S.E.2d 191 (2004)

266 Ga. App. 82

PEREZ et al. v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied March 4, 2004.

Certiorari Denied June 28, 2004.

Attorney(s) appearing for the Case

Johnson, Word & Simmons, Gerald P. Word, Carrollton, for appellants.

Peter J. Skandalakis, Dist. Atty., Rudjard M. Hayes, Asst. Dist. Atty., for appellee.

ANDREWS, Presiding Judge.

Michael L. Perez and Benjamin B. Hodges were indicted on one count each of aggravated sodomy and two counts each of aggravated sexual battery. During jury deliberations in their joint trial on these charges, the trial court sua sponte declared a mistrial because of juror misconduct. Perez and Hodges appeal from the trial court's denial of their plea in bar claiming retrial is barred on double jeopardy grounds. Because we find no abuse of...

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