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