WHEN A PETITIONER HAS REALIZED, TWO YEARS LATER, AND UNCONSTITUTIONALLY RETRIED FOR THE SAME STATUTORY OFFENSE TO IN THE SAME PROCEEDING, WHICH HAS LEAD TO HIS IMPROPER CONVICTION, CAN THE COURT OF APPEALS EXERCISE JURISDICTION OVER HIS INTERLOCUTORY APPEAL BEFORE THE IMPOSITION OF AN UNCONSTITUTIONAL SENTENCE OR "FINAL JUDGMENT;" FROM A "FINAL DECISION" DENYING HIS THE LAW, ON A DOUBLE JEOPARDY CLAIM WITH A FACT THAT THE GOVERNMENT HAS ADMITTED

Whether the court of appeals can exercise jurisdiction over the petitioner's interlocutory appeal before the imposition of an unconstitutional sentence, or final judgment, from a final decision denying his motion to dismiss/terminate his case, on a double jeopardy claim