STATE v. JACKSON

No. A07A2234.

659 S.E.2d 679 (2008)

The STATE v. JACKSON.

Court of Appeals of Georgia.

March 12, 2008.


Attorney(s) appearing for the Case

Gregory W. Edwards, Kenneth Bryant Hodges III, Albany, for appellant.

Leisa Green Terry, for appellee.


SMITH, Presiding Judge.

The State appeals from the trial court's order granting Keonete Jackson's plea in bar and plea of former jeopardy in this burglary case. The State contends that its subsequent indictment of Jackson was not barred by its earlier nolle prosequi of its first indictment, which occurred after the State discovered a fatal variance between the indictment and the facts it presented at trial. For the reasons set forth below, we affirm.

The record...

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