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Washington v. State

The trial court abused its discretion in denying defendant's double jeopardy plea in bar as to felony murder.

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This is the second appearance of this case in this Court. In Washington v. State, we concluded that the state of the appellate record prevented us from reviewing Devin Washington’s claim that the trial court erred by declaring a mistrial as to the charge of felony murder and, accordingly, that double jeopardy bars a second prosecution such that the trial court should have granted his plea in bar. 333 Ga. App. 236 775 SE2d 719 2015 Washington I. Following a hearing on remand, the Superior Court of Richmond County again denied Washington’s plea in bar, and he appeals. We conclude that the original trial judge erred in failing to properly review the verdict form prior to publishing the verdict and discharging the jury. As a consequence, the judge failed to identify an ambiguous verdict and take appropriate action to clarify the ambiguity. The result is that Washington’s plea in bar as to felony murder, based upon double jeopardy, should have been granted. Accordingly, we reverse the trial court’s denial of Washington’s plea in bar and remand for a new trial on voluntary manslaughter.

1. We adopt our findings concerning the evidence in Washington I, in which we noted that the evidence, when viewed in a light most favorable to the jury’s verdicts, revealed that

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