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COM. v. COBB

No. 1779 WDA 2010.

28 A.3d 930 (2011)

2011 PA Super 197

COMMONWEALTH of Pennsylvania, Appellee v. Gavin Lloyd COBB, Appellant.

Superior Court of Pennsylvania.

Filed September 7, 2011.

Attorney(s) appearing for the Case

Tedd C. Nesbit , Hermitage, for appellant.

Cynthia A. Gilkey , Assistant District Attorney, Mercer, for Commonwealth, appellee.

BEFORE: FORD ELLIOTT, P.J.E., BENDER and STRASSBURGER, JJ.

OPINION BY STRASSBURGER, J.:

Gavin Lloyd Cobb, Appellant, appeals from the court order1 denying his motion to dismiss charges on the basis of double jeopardy after the trial court sua sponte declared a mistrial over objections from both Appellant and the Commonwealth. We hold that manifest necessity did not exist to justify the trial court's declaration of a mistrial. Therefore, we reverse the trial court's denial of Appellant's...

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