Johns v. State, 319 Ga. App. 718

Johns appealed the trial court’s denial of his motion in bar based on former jeopardy for DUI and criminal trespass (FVA).
Prosecution and arrest: Johns stopped for DUI after an incident with his live-in girlfriend; he was later arrested on criminal trespass (FVA) charges for the same March 23, 2010 incident.
Johns pled guilty to criminal trespass; the DUI charge arose from a separate traffic stop near the same timeframe.
The trial court ruled the DUI and criminal trespass offenses arose from separate transactions and could be tried separately.
On appeal, Johns argues the two offenses arose from the same conduct and should have been prosecuted together under OCGA §§ 16-1-7(b) and 16-1-8(b)(1).
The appellate record lacks a transcript of the hearing, requiring the court to assume the trial court’s factual findings were correct, but the court nonetheless addressed the merits based on Johns’s motion and recitation of facts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DUI and criminal trespass share conduct for double jeopardy.	Johns argues they arose from the same conduct.	State contends they are separate transactions.	No error; offenses did not arise from the same conduct.

Nicely v. State, 305 Ga. App. 387 (2010) (double jeopardy discussion and procedural prerequisites)
Collins v. State, 177 Ga. App. 758 (1986) (related to multiple offenses and double jeopardy)
Stewart v. State, 317 Ga. App. 82 (2012) (same conduct and evidence requirements for double jeopardy)
Boyette v. State, 172 Ga. App. 683 (1984) (offenses after leaving roadway; separate transactions; applicability of double jeopardy)
Barlowe v. State, 286 Ga. App. 133 (2007) (knowledge requirement of prosecuting officer under OCGA §16-1-7(b))