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Pope v. State
309 Ga. App. 728
| Ga. Ct. App. | 2011
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Background

  • Pope was indicted in Fulton County on counts 1-3: attempted burglary, theft by receiving a stolen automobile, obstruction.
  • Counts 4-5 in Fulton County alleged theft by receiving stolen laptop computers; the State dead-docketed these counts.
  • Pope pled guilty to counts 1-3 during a plea colloquy where dead-docketing of counts 4-5 was announced.
  • Fulton County court accepted the guilty plea to counts 1-3 and entered judgment only on those counts.
  • Less than a year later, Pope faced Gwinnett County burglary charges for the laptop-related acts initially identified in Fulton County counts 4-5.
  • Pope moved to bar the Gwinnett prosecution as double jeopardy; the trial court denied the motion and Pope appealed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was Pope guilty of counts 4-5 in Fulton County? Pope pled guilty to all five counts in Fulton County. Pope did not plead guilty to counts 4-5; the plea was only to counts 1-3. Pope did not plead guilty to counts 4-5.
Did jeopardy attach to the Fulton County counts 4-5 when dead-docketed? Jeopardy attached to the same-crime charges in Gwinnett. No jeopardy because Fulton County never accepted a guilty plea to counts 4-5 and those counts were dead-docketed. Jeopardy did not attach; dead-docketing with no guilty plea prevents jeopardy.
Is the Gwinnett prosecution barred by double jeopardy? Gwinnett charges duplicate the previously dead-docketed Fulton County offenses. Jeopardy had not attached to the Fulton County counts, so no bar to Gwinnett prosecution. No double jeopardy bar; jeopardy did not attach.

Key Cases Cited

  • Harland v. State, 262 Ga.App. 803 (Ga. Ct. App. 2003) (requires a valid, voluntary guilty plea with understanding of charges and consequences)
  • Thorpe v. State, 251 Ga.App. 334 (Ga. Ct. App. 2001) (jeopardy and guilty-plea standards for successive prosecutions)
  • Copeland v. State, 248 Ga.App. 346 (Ga. Ct. App. 2001) (double jeopardy where prior proceedings did not consummate a guilty plea)
Read the full case

Case Details

Case Name: Pope v. State
Court Name: Court of Appeals of Georgia
Date Published: Jun 1, 2011
Citation: 309 Ga. App. 728
Docket Number: A11A0675
Court Abbreviation: Ga. Ct. App.