Ogletree v. State

685 S.E.2d 351 (2009)

300 Ga. App. 365

OGLETREE

v.

The STATE.

No. A09A0929.

Court of Appeals of Georgia.

October 7, 2009.

Kenya B. Herring, Ashleigh B. Merchant, for Appellant.

Paul L. Howard Jr., Dist. Atty., for Appellee.

SMITH, Presiding Judge.

Stacey Ogletree appeals from the trial court's order denying his motion to dismiss based upon an alleged violation of the prohibition against double jeopardy. In his sole enumeration of error, Ogletree contends that double jeopardy barred his subsequent prosecution because the trial court's grant of a mistrial in the first proceeding was not manifestly…