Phelps v. State

Carley, Judge.

Appellant was indicted for selling marijuana in violation of OCGA § 16-13-30 (j) (1). Appellant’s original trial ended when the trial court granted the State’s motion for mistrial, on the ground that appellant’s counsel had placed improper and prejudicial evidence before the jury. Appellant subsequently filed a plea of former jeopardy in an effort to avoid being retried on the drug charge. Appellant appeals directly from the trial court’s order denying his plea of former jeopardy. See Hubbard v. State, 254 Ga. 694 (333 SE2d 827) (1985).

“Once the jury has been impaneled and…