State v. Stewart
317 Ga. App. 82
Ga. Ct. App.2012Background
- Stewart was stopped for speeding; deputy found his license suspended and arrested him on traffic charges.
- Stewart pled guilty to traffic offenses but sought to bar an obstruction indictment filed later.
- Prosecution alleged Stewart made false statements to an investigator and tampered with evidence in connection with traffic charges.
- Stewart’s plea in bar argued that obstruction charges arose from the same conduct as the traffic offenses.
- The trial court granted the plea in bar; the State appealed the bar order.
- The court reversed, holding the obstruction charges did not arise from the same conduct as the traffic offenses and could be prosecuted separately.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do the traffic offenses and obstruction charges arise from the same conduct? | Stewart contends they arise from same conduct. | State contends they do not arise from same conduct. | No; they do not arise from the same conduct. |
| Does OCGA 16-1-7(b) bar separate prosecutions when charges follow a guilty plea for related offenses? | Stewart argues bar applies. | State argues bar does not apply. | Bar does not apply to these charges. |
| Is proof of obstruction dependent on proving traffic offenses? | Cannot require proof of traffic offenses to prove obstruction. | Proof can need traffic context. | Obstruction proof does not require trafficking proof. |
| Were the charges of obstruction and traffic offenses conducted on the same date/place with the same parties? | Indicates potential same-conduct scenario. | They occurred on different dates/places with different parties. | Different dates/places/parties; not same conduct. |
Key Cases Cited
- Dean v. State, 309 Ga. App. 459 (2011) (same-conduct framework for multiple offenses)
- Nicely v. State, 305 Ga. App. 387 (2010) (arises from same conduct when related crimes share elements)
- Boutwell v. State, 311 Ga. App. 501 (2011) (same conduct consideration includes transactional unity)
- Morgan v. State, 220 Ga. App. 198 (1996) (same-conduct inquiry includes same time/place/parties)
- Teal v. State, 203 Ga. App. 440 (1992) (same conduct analysis applied to multiple offenses)