McGEE v. STATE

No. A07A1589.

652 S.E.2d 822 (2007)

McGEE v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied October 17, 2007.


Attorney(s) appearing for the Case

Bryan M. Gratham, for appellant.

Harold V. Jones, II, Solicitor-General, Fasha S. Lewis, Assistant Solicitor-General, for appellee.


RUFFIN, Judge.

After a jury had been impaneled to try Anthony McGee for driving under the influence, the trial court sua sponte granted a mistrial. McGee moved for discharge and acquittal, arguing that any subsequent trial was barred by double jeopardy. The trial court denied the motion, and this appeal followed. Because we agree that the trial court erred in declaring a mistrial before considering less drastic alternatives, we reverse.

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