State v. Smith

Birdsong, Chief Judge.

This is an appeal from an order of the state court granting defendant/appellee’s plea in bar on the grounds of procedural double jeopardy.

Appellee was charged by a four-count accusation with driving under the influence of alcohol; driving with 0.12 percent or more by weight of alcohol in the blood; leaving the scene of an accident; and, driving left of center. He was arraigned on all four charges, entered a not guilty plea, and requested a bench trial. At trial, following a discussion between the assistant solicitor and appellee’s counsel, an announcement was made by the…