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Edvalson v. State

Because jeopardy does not attach at any pretrial proceeding, including a bond revocation hearing, defendant had no basis for asserting a claim of double jeopardy based on the trial court's order amending his bail bond conditions, and the trial court thus properly denied his motion to dismiss the charges against him and plea of former jeopardy.

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Thomas Scot Edvalson appeals from an order of the Gwinnett County Superior Court denying his motion to dismiss and plea of former jeopardy. Edvalson asserts that his prosecution is barred by double jeopardy because certain amended bond conditions imposed upon him by the trial court were punitive in nature. Edvalson further contends that because these bond conditions punished him for the indicted crimes, the Double Jeopardy Clause prevents the State from punishing him further, and therefore the State cannot try him for those crimes. Finding that Edvalson has no cognizable double jeopardy claim, we affirm the order of the trial court.

On an appeal from the grant or denial of a double jeopardy plea in bar, we generally review the trial court’s oral and written rulings as a whole to determine whether any factual findings contained therein support the trial court’s ruling as to whether the defendant was entitled to a plea in bar. But in those cases where the relevant facts are undisputed and no question regarding the credibility of witnesses is presented, we review de novo the trial court’s application of the law to undisputed facts.

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