Haralson v. State

Johnson, Judge.

Lee Haralson was charged with armed robbery. His first trial resulted in a hung jury. During the second trial, Haralson moved for a mistrial on the ground that the prosecutor impermissibly placed his character into issue when she elicited testimony intimating that he was a member of a street gang. The trial court granted his motion for mistrial but denied his subsequent plea of double jeopardy. Haralson appeals from the denial of his double jeopardy plea.

1. Haralson claims the trial court erred in failing to bar a retrial because the prosecutor intentionally provoked him into…