The STATE v. Maddox

Birdsong, Chief Judge.

This is an appeal from an order of the trial judge of the State Court of DeKalb County granting appellee/defendant’s plea of former jeopardy and dismissing the pending accusation.

During a jury trial, Officer Gene B. Ashley, a member of the DeKalb County DUI task force, when being examined by the prosecu tion concerning another matter, interjected testimony that appellee had received two previous DUIs. The trial judge granted appellee/defendant’s motion for a mistrial. Thereafter, appellee/defendant filed a plea of former jeopardy. The State appeals the trial judge’s…