Paul v. State

Ellington, Judge.

The Superior Court of Richmond County denied Larry Paul’s plea in bar, rejecting Paul’s claim that a retrial on charges of aggravated assault and possession of a knife was barred by double jeopardy. Paul appeals, reasserting his double jeopardy argument. Finding no error, we affirm.

Because a trial court sits as the factfinder when ruling on a plea of double jeopardy, the appellate court will uphold its resolution of factual issues unless it is clearly erroneous. State v. Thomas, 275 Ga. 167, 168 (562 SE2d 501) (2002). “Atrial court’s findings of fact will not be deemed to be…