State v. Aldridge

This case is an appeal by defendant-appellant, Bryant Aldridge (defendant), from a denial of a defense motion to dismiss the case against him on grounds of double jeopardy following a previous judgment declaring a mistrial on the state’s motion. The denial was a final appealable order, State v. Thomas (1980), 61 Ohio St. 2d 254, 258 [15 O.O.3d 262].

For the reasons adduced below the judgment below is reversed and the cause remanded.

I

Defendant-appellant, Bryant Ald-ridge (defendant), and James Poon were indicted on charges of breaking and entering (R.C. 2911.13), aggravated robbery (R.C.…