Dean v. State
309 Ga. App. 459
| Ga. Ct. App. | 2011Background
- Dean drove May 21, 2009, committing multiple traffic offenses and collisions across two jurisdictions ending in Ringgold city limits.
- GSP cited Dean for DUI and other offenses; Ringgold officer cited for DUI and other offenses within Ringgold.
- Ringgold Municipal Court charges were transferred to the Superior Court of Catoosa County; probate court handled GSP citations.
- Dean pled guilty in probate court on Dec. 17, 2009 to DUI and following too closely; remaining GSP charges were nolle prosequied.
- In June 2010, Dean moved to dismiss Ringgold charges as barred by double jeopardy under OCGA § 16-1-7(b); motion denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Ringgold charges arise from the same conduct as the GSP charges? | Dean | State | Yes; all charges arose from one course of conduct. |
| Was the proper prosecuting officer aware of all charges for purposes of § 16-1-7(b)? | Dean | State | Yes; the probate court solicitor knew of all pending charges during plea negotiations. |
| Did a single court have jurisdiction over all offenses for purposes of § 16-1-7(b)? | Dean | State | Yes; superior court had jurisdiction over all offenses from Ringgold and probate court. |
| Does the knowledge and jurisdiction analysis apply to bar a subsequent prosecution in superior court? | Dean | State | Yes; plea in probate court bars further prosecution under § 16-1-7(b). |
Key Cases Cited
- Waites v. State, 238 Ga. 683 (1977) (double jeopardy protection for multiple prosecutions from same conduct)
- Morgan v. State, 220 Ga.App. 198 (1996) (same conduct includes ongoing chain of events)
- Anderson v. State, 200 Ga.App. 530 (1991) (one course of conduct encompasses multiple offenses)
- Barlowe v. State, 286 Ga.App. 133 (2007) (knowledge of prosecutor who handled first prosecution is key)
- Brock v. State, 146 Ga.App. 78 (1978) (concurrent jurisdiction over misdemeanors allows single-prosecution rationale)
- Nicely v. State, 305 Ga.App. 387 (2010) (prosecutor must have actual knowledge of facts supporting charged plea in bar)
- Price v. State, 206 Ga.App. 161 (1992) (proper prosecuting officer defined as state’s prosecuting attorney)
- Mann v. State, 160 Ga.App. 527 (1981) (plea to misdemeanors can bar later prosecution for related offenses)
- Gregg v. State, 253 Ga.App. 243 (2001) (superior courts have concurrent jurisdiction with inferior courts over misdemeanors)