Dillard v. State

Court of Appeals of Georgia

Dillard v. State

507 S.E.2d 881, 234 Ga. App. 789, 98 Fulton County D. Rep. 3828, 1998 Ga. App. LEXIS 1360

CourtCourt of Appeals of Georgia

DecidedOctober 19, 1998

DocketA98A1751

StatusPublished

This text of 507 S.E.2d 881 (Dillard v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dillard v. State, 507 S.E.2d 881, 234 Ga. App. 789, 98 Fulton County D. Rep. 3828, 1998 Ga. App. LEXIS 1360 (Ga. Ct. App. 1998).

Pincite

Opinion

Smith, Judge.

Dale Dillard was charged with driving under the influence of alcohol (Count 1) and disobedience of a traffic control device (Count 2) in one accusation. The jury found him guilty of Count 2, but was unable to agree on a verdict on Count 1. The trial court declared a mistrial with regard to Count 1 and delayed sentencing Dillard on Count 2 until after his retrial on Count 1. Before his retrial, Dillard filed a plea in bar, contending that a retrial would violate Georgia’s statutory proscriptions against double jeopardy. See OCGA §§ 16-1-7 and 16-1-8. The trial court denied Dillard’s plea and he appeals. See Young v. State, 251 Ga. 153, 155 (1) (303 SE2d 431) (1983).

Dillard contends he cannot be retried on Count 1 because OCGA § 16-1-7 (b) requires the two charges against him to be “prosecuted in a single action.” He also asserts OCGA § 16-1-8 (b) bars a retrial because he was formerly prosecuted “for a crime which involves the [790]*790same conduct.” Because this Court rejected virtually identical arguments in State v. LeMay, 186 Ga. App. 146, 148 (3) (367 SE2d 61) (1988), we find no merit in Dillard’s appeal and affirm the trial court’s denial of his plea of former jeopardy. See also Rower v. State, 267 Ga. 46, 47 (472 SE2d 297) (1996).

Decided October 19, 1998. Monte K. Davis, for appellant. Ralph T. Bowden, Jr., Solicitor, Margaret A. Dunaway, W. Cliff Howard, Assistant Solicitors, for appellee.

Judgment affirmed.

Johnson, P. J, and Senior Appellate Judge Harold R. Banke concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Smith, Judge.

Dale Dillard was charged with driving under the influence of alcohol (Count 1) and disobedience of a traffic control device (Count 2) in one accusation. The jury found him guilty of Count 2, but was unable to agree on a verdict on Count 1. The trial court declared a mistrial with regard to Count 1 and delayed sentencing Dillard on Count 2 until after his retrial on Count 1. Before his retrial, Dillard filed a plea in bar, contending that a retrial would violate Georgia’s statutory proscriptions against double jeopardy. See OCGA §§ 16-1-7 and 16-1-8. The trial court denied Dillard’s plea and he appeals. See Young v. State, 251 Ga. 153, 155 (1) (303 SE2d 431) (1983).

Dillard contends he cannot be retried on Count 1 because OCGA § 16-1-7 (b) requires the two charges against him to be “prosecuted in a single action.” He also asserts OCGA § 16-1-8 (b) bars a retrial because he was formerly prosecuted “for a crime which involves the [790]*790same conduct.” Because this Court rejected virtually identical arguments in State v. LeMay, 186 Ga. App. 146, 148 (3) (367 SE2d 61) (1988), we find no merit in Dillard’s appeal and affirm the trial court’s denial of his plea of former jeopardy. See also Rower v. State, 267 Ga. 46, 47 (472 SE2d 297) (1996).

Decided October 19, 1998. Monte K. Davis, for appellant. Ralph T. Bowden, Jr., Solicitor, Margaret A. Dunaway, W. Cliff Howard, Assistant Solicitors, for appellee.

Judgment affirmed.

Johnson, P. J, and Senior Appellate Judge Harold R. Banke concur.

Cite This Page — Counsel Stack

Bluebook (online)

507 S.E.2d 881, 234 Ga. App. 789, 98 Fulton County D. Rep. 3828, 1998 Ga. App. LEXIS 1360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillard-v-state-gactapp-1998.

Opinion

Related

Cite This Page — Counsel Stack