The opinion
*704 ORDER
PER CURIAM
AND NOW, this 28th day of February, 2017, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the following issue:
Should a claim barring retrial on the basis of double jeopardy pursuant to Commonwealth v. Smith, 615 A.2d 321 (Pa. 1992), require factual findings made by the original trial judge, or a hearing based on further testimony, regarding the intent of the prosecutor?
Allocatur is DENIED as to the remaining issue.