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MITCHELL v. STATE

No. CR-22-225.

662 S.W.3d 660 (2023)

2023 Ark. App. 119

John MITCHELL, Appellant v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, DIVISION II.

Opinion Delivered March 1, 2023.

Attorney(s) appearing for the Case

David R. Raupp , Little Rock, Arkansas Public Defender Commission, for appellant.

Leslie Rutledge , Att'y Gen., by: Christian Harris , Ass't Att'y Gen., for appellee.

John Mitchell brings this interlocutory appeal from the Polk County Circuit Court's order denying his motion to dismiss a charge of first-degree murder and its included offense of second-degree murder. On appeal, he argues that his retrial on these offenses is barred by double jeopardy. We agree and reverse.

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