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BENNETT v. COM.

Nos. 2005-CA-002369-MR, 2005-CA-002370-MR.

217 S.W.3d 871 (2006)

Joe Frances BENNETT, Appellant, v. COMMONWEALTH of Kentucky, Appellee. and Marcella Marie Patterson, Appellant, v. Commonwealth of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 11, 2007.

Attorney(s) appearing for the Case

Daniel T. Goyette, Louisville Metro Public Defender, J. David Niehaus, Deputy Appellate Defender, Louisville, KY, for appellants.

Gregory D. Stumbo, Attorney General of Kentucky, Courtney J. Hightower, Assistant Attorney General, Frankfort, KY, for appellees.

Before COMBS, Chief Judge; WINE, Judge; PAISLEY, Senior Judge.

OPINION

WINE, Judge.

Joe Frances Bennett and Marcella Marie Patterson appeal from conditional guilty pleas following a mistrial in their joint trial on drug trafficking charges. They both argue, for different reasons, that the trial court erred in denying their motions to dismiss on double jeopardy grounds. However, their motions for a mistrial preclude them from objecting to a retrial on double jeopardy grounds, and there is no showing that the mistrial...

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