Bair v. State

Pope, Presiding Judge.

Verna Bair appeals following the trial court’s denial of her plea of former jeopardy. Because we find, under the facts of this case, that the trial court erred in failing to grant Bair’s request to accept the jury’s unanimous verdict on three counts of a seven-count accusation where the jury was hung on the remaining counts, we reverse the denial of Bair’s plea as to the three decided counts.

The record reflects that the accusation filed against Bair asserted one count each of (1) obstruction of an officer; (2) simple battery; (3) fleeing/eluding a police officer; (4)…