State v. D'AURIA

Pope, Presiding Judge.

The State appeals the trial court’s grant of defendant Ralph D’Auria’s plea in bar based on double jeopardy. The trial court found that the prosecutor at defendant’s first trial engaged in intentional misconduct, and this finding is supported by the record. But there is simply no evidence that the prosecutor acted with a specific intent to avoid an acquittal which was likely to occur in the absence of his misconduct. Accordingly, defendant’s retrial is not prohibited, and we reverse the grant of defendant’s plea in bar.

Defendant, a doctor, was convicted of sexual battery…