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DILLARD v. STATE

No. A98A1751.

507 S.E.2d 881 (1998)

234 Ga. App. 789

DILLARD v. The STATE.

Court of Appeals of Georgia.

October 19, 1998.

Attorney(s) appearing for the Case

Monte K. Davis, Atlanta, for appellant.

Ralph T. Bowden, Jr., Solicitor, Margaret A. Dunaway, W. Cliff Howard, Assistant Solicitors, for appellee.

SMITH, Judge.

Dale Dillard was charged with driving under the influence of alcohol (Count 1) and disobedience of a traffic control device (Count 2) in one accusation. The jury found him guilty of Count 2, but was unable to agree on a verdict on Count 1. The trial court declared a mistrial with regard to Count 1 and delayed sentencing Dillard on Count 2 until after his retrial on Count 1. Before his retrial, Dillard filed a plea in bar, contending that a retrial would...

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