State v. Steien
| Decision Date | 01 August 1994 |
| Docket Number | No. A94A1130,A94A1130 |
| Citation | 447 S.E.2d 701,214 Ga.App. 345 |
| Parties | The STATE v. STEIEN. |
| Court | Georgia Court of Appeals |
Gerald N. Blaney, Jr., Sol., Scott A. Drake, Richard E. Thomas, Asst. Sols., for appellant.
Merritt & Merritt, Mark Merritt, Lawrenceville, for appellee.
Alan Steien was involved in an automobile accident in a high school parking lot on April 28, 1993, and was charged with driving while under the influence of drugs, driving with a suspended license, giving a false name to a law enforcement officer, and driving without a license. The officer investigating the accident noticed prescription pads and prescription bottles inside Steien's vehicle. A subsequent investigation resulted in Steien being charged with seven counts of obtaining controlled substances by fraud. These offenses were alleged to have occurred at various pharmacies on January 9, 1993; March 26, 1993; April 1, 1993; April 9, 1993; April 14, 1993; and April 26, 1993. The controlled substances offenses were prosecuted in one accusation. Steien pleaded guilty to these charges on July 2, 1993. On July 23, 1993, the state filed a separate accusation on the traffic-related offenses. Thereafter, Steien filed a plea in bar contending that the prosecution for the traffic-related offenses was barred because jeopardy attached with regard to those offenses when he pleaded guilty to the controlled substances charges. The trial court granted Steien's plea and the state appeals.
In McCannon v. State, 252 Ga. 515, 517, 315 S.E.2d 413 (1984), the Supreme Court reasoned that OCGA § 16-1-8(b) bars prosecution "if the accused was formerly prosecuted for a different crime ... if such former prosecution: (1) resulted in either a conviction or acquittal and: ... (ii) is for a crime with which the accused should have been charged on the former prosecution (unless the court ordered a separate trial of such charge)." Id. at 517, 315 S.E.2d 413. An accused should have been charged with crimes on the former prosecution if OCGA § 16-1-7(b) requires it. Id. at 518, 315 S.E.2d 413. "OCGA § 16-1-7(b) provides that '(i)f the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution.' " (Emphasis supplied.) Harrell v. State, 196 Ga.App. 101, 103(2), 395 S.E.2d 598 (1990); Holcomb v. State, 185 Ga.App. 4, 5, 363 S.E.2d 320 (1987). "The phrase 'the same conduct' in this statute has been used interchangeably with the phrase 'the same transaction.' " (Citation omitted.) Harrell, supra 196 Ga.App. at 103, 395 S.E.2d 598; Lefler v. State, 210 Ga.App. 609, 610(1), 436 S.E.2d 777 (1993). In this case, the offenses of obtaining controlled substances by fraud did not arise from the same transaction as the DUI, driving with a suspended license, giving a false name...
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Davis v. State
...See Delph v. State, 279 Ga.App. 306, 308, 630 S.E.2d 891 (2006); Summers, 263 Ga.App. at 340-341, 587 S.E.2d 768; State v. Steien, 214 Ga.App. 345, 447 S.E.2d 701 (1994); Teal, 203 Ga.App. at 443(2)(b), 417 S.E.2d Judgment affirmed. BLACKBURN, P.J., and RUFFIN, J., concur. ...
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State v. Cornette, A97A1880
...to children did not arise from the same transaction as the possession of marijuana or the simple battery. See State v. Steien, 214 Ga.App. 345, 346, 447 S.E.2d 701 (1994). The offenses charged in the indictment were unrelated and allegedly occurred several days later. Evidence of the first ......
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Baker v. State, A01A0900.
...counsel about accident number one, counsel was also unaware of the charges arising out of that accident. 6. See State v. Steien, 214 Ga.App. 345, 346, 447 S.E.2d 701 (1994). 7. See id.; Turner, supra; Honea, 8. In his argument on this enumeration of error, Baker refers to a comment purporte......
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Morgan v. State, A95A2437
...circumstances, locations, and times." State v. Hulsey, 216 Ga.App. 670, 671, 455 S.E.2d 398 (1995); compare State v. Steien, 214 Ga.App. 345, 447 S.E.2d 701 (1994) (offenses involved different acts on different dates and in different locations). The courts also consider whether "evidence of......