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FUNK v. STATE

No. A13A0624.

742 S.E.2d 766 (2013)

321 Ga. App. 737

FUNK v. The STATE.

Court of Appeals of Georgia.

May 10, 2013.

Attorney(s) appearing for the Case

Ernie M. Sheffield , for Appellant.

Joseph Kenneth Mulholland , Heather Hendricks Lanier , for Appellee.

MILLER, Judge.

Following his third indictment for the same charges, Adam Funk appeals from the trial court's denial of his plea in abatement, contending that the trial court's approval of two nolle prosequis by the State of his two previous indictments precluded subsequent prosecution for the same offenses pursuant to OCGA § 17-7-53.1. We disagree.

That statute provides that

[i]f, upon the return of two "true bills" of indictment or presentments...

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