Brown v. State

Phipps, Presiding Judge.

In connection with a single incident, Frank J. Brown III was indicted for aggravated assault (with a gun), criminal attempt to commit armed robbery, carrying a concealed weapon, and possession of a firearm during the commission of a felony (aggravated assault). Following the grant of his motion for mistrial, which was based on the prosecutor’s questioning of a state witness that resulted in Brown’s character being improperly injected into evidence, Brown filed a plea in bar on double jeopardy grounds. The trial court denied the plea, and Brown appeals. We affirm.

Where,…