State v. Rodriguez

CAMPBELL, Acting Chief Judge.

The State challenges the order granting appellee’s motion to dismiss the aggravated battery charge against him on double jeopardy grounds. We conclude that the court’s decision was clearly erroneous and . accordingly, reverse.

Appellee was charged with shooting Samuel Quiles in the leg, and the jury found him guilty as charged. Prior to sentencing, ap-pellee moved for a mistrial due to the following allegedly cumulative intentional acts of misconduct on the part of the prosecutor: First, the prosecutor elicited testimony from *889Officer Hlis regarding entry and exit…