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State v. Heggs

Double jeopardy did not bar defendant's retrial for rape where his original conviction was reversed due to the trial court's error in charging on child molestation as a lesser included offense.

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Under a single count indictment, Johnny Sim Heggs was tried for forcible rape but was found guilty of child molestation. As the result of trial error, this Court reversed Heggs’s conviction for child molestation. Heggs v. State.1 Thereafter, Heggs filed a plea in bar of double jeopardy, claiming that he could not be retried for rape. When the trial court granted his plea in bar, the State filed this appeal. Because we find that a new trial was not precluded by double jeopardy, we reverse.

The appellate standard of review of a grant of a plea in bar of double jeopardy is whether the trial court’s findings support its conclusion that the bar should be applied. State v. D’Auria.2 Here, we find that they do not.

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