GETTY, Judge.
At his first trial, Avery Tilton Eccles, appellant herein, was convicted by a jury in the Circuit Court for Prince George's County of committing a Fourth Degree Sexual Offense. He was acquitted of six other offenses charged in the indictment. The jury advised the court that it could not agree upon a verdict as to the charge of second degree rape. Appellant moved for a mistrial as to that offense and the motion was granted by the trial court.
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