Wright v. State

Miller, Judge.

Cornelius Wright appeals from the trial court’s denial of his plea of double jeopardy, asserting as error both the trial court’s refusal to allow Wright to call the prosecutor as a witness at the hearing on this matter and the denial of the requested relief. We find that the trial court erred in refusing to allow Wright to call the prosecutor as a witness at the hearing on this issue and, based upon this procedural error, we reverse.

Georgia law provides that an individual may not be retried “for the same crime based upon the same material facts” if the initial trial “[w]as…