State v. Joseph

GREENE, Judge.

Defendant was originally tried in superior court on counts of trafficking in cocaine and carrying a concealed weapon. On 10 September 1987, the trial court granted defendant’s motion for a mistrial based upon a witness’s reference to a statement by defendant which the trial court had previously suppressed. The trial court subsequently ordered the matter set for retrial; however, defendant moved to dismiss any retrial based upon his constitutional right to avoid double jeopardy. The trial court determined defendant was not entitled to dismissal of the charges based upon the…