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Wadley v. State

Double jeopardy did not bar the state from retrying the defendant because the evidence supported his child molestation conviction.

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Following the denial of his plea in bar asserting double jeopardy, Vincent Wadley appeals and contends that the trial court erred in overruling his objection to the child’s hearsay testimony, denying his motion for directed verdict, and in failing to grant his motion for new trial on sufficiency grounds. He further contends that the trial court erred in denying his plea in bar, and asserts that the trial court erred in finding that the child hearsay statute permitted the introduction of testimony from a child witness who did not testify at trial, that the evidence was sufficient, and that there was no prosecutorial misconduct. Wadley also contends that the trial court erred in denying his motion for bond.

“The appellate standard of review of a grant or denial of a plea in bar of double jeopardy is whether, after reviewing the trial court’s oral and written rulings as a whole, the trial court’s findings support its conclusion.” Citation and punctuation omitted. Leonard v. State, 275 Ga. App. 667, 667-668 621 SE2d 599 2005.

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