Herrington v. State

BARNES, Presiding Judge.

Ryan D. Herrington appeals from the trial court’s denial of his plea in bar and plea of former jeopardy, alleging that the trial court erred in finding that jeopardy had not attached upon his mistrial and in concluding that the State could add additional charges that arose from the same actions under a new indictment. For the reasons that follow, we reverse.

“The appellate standard of review of a grant or denial of a double jeopardy plea in bar is whether, after reviewing the trial court’s oral and written rulings as a whole, the trial court’s findings support its…