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Howell v. State3/24/2004
urt announced its intention to excuse them and then summoned them into the courtroom and told them they could leave. Defense counsel had an opportunity to raise an objection after the court announced its intention to excuse the jurors and before they were returned to the courtroom. He did not. Therefore, the court was authorized to find that Howell, through counsel, impliedly consented to the grant of the mistrial. For this reason, we cannot say that his plea of double jeopardy was improperly denied.
For the reasons given in Division 1, the judgment is reversed.
Judgment reversed.
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