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OLIVARIA v. STATE

No. A09A1140.

687 S.E.2d 600 (2009)

OLIVARIA v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied December 3, 2009.

Attorney(s) appearing for the Case

Banks & Stubbs, Rafe Banks III, Cumming, for appellant.

Penny A. Penn, Dist. Atty., Sandra A. Partridge, Asst. Dist. Atty., for appellee.

PHIPPS, Judge.

During the state's presentation of evidence against Joseph Olivaria on a drug-related charge, a police officer who was waiting to testify on behalf of the state wrote on a chalkboard in the jury room "James Dunn [the prosecutor] is my hero." Olivaria moved for a mistrial, which the trial court granted. The trial court subsequently denied Olivaria's plea in bar on double jeopardy grounds, and he appeals. Finding no error, we affirm.

The appellate...

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