State v. Willis, 57111
| Decision Date | 08 May 1979 |
| Docket Number | No. 57111,57111 |
| Citation | 254 S.E.2d 743,149 Ga.App. 509 |
| Parties | The STATE v. WILLIS. |
| Court | Georgia Court of Appeals |
Hinson McAuliffe, Sol., Charles R. Hadaway, Asst. Sol., for appellant.
Barnes & Browning, Roy E. Barnes, Marietta, Gregory C. Chastain, Smyrna, for appellee.
On March 18, 1978, James Russell Willis was arrested following a high speed chase beginning in Fulton County and ending in Cobb County. He was charged in Cobb County by accusation with offenses of driving under the influence of alcohol and drugs; failing to drive the vehicle upon the right half of the roadway, that is, driving to the left of the center line while not in the act of passing; speeding in excess of 115 miles per hour, at which time the lawful speed upon the street and highway upon which he was driving was 45 miles per hour; operating a motor vehicle in this state without first obtaining a license plate to operate the same, being a resident of Georgia for a period of 30 days or more; and operating a motor vehicle without effective insurance as required by the Georgia Motor Vehicle Accident Reparations Act. He was also charged by accusations in Fulton County with multiple offenses of a misdemeanor, that is, driving under the influence of alcohol; operating a motor vehicle in such a manner upon the public highway to cause loud and disturbing noises (scratching off) in violation of a resolution of the Fulton County Commissioners; excessive and unusual muffler noise; failing to stop for a police officer when requested to do so by a uniformed officer prominently displaying his badge and in a police vehicle appropriately marked as an official police vehicle; failing to drive the vehicle on the right half of the roadway, that is, driving to the left of the center line in a no passing zone; speeding at a speed in excess of 110 miles per hour, at which time the lawful speed upon the street and highway upon which he was driving was 45 miles per hour.
On the 8th day of May, 1978 (filed on the 9th day of May) in the State Court of Cobb County, defendant waived formal arraignment and pleaded nolo contendere to the charges of "DUI, left of center, speeding 115, imp. tag, no proof of insurance." A magistrate of the State Court of Cobb County found that he had a valid insurance policy which was in effect on the date of the citation and noted, "the no proof of insurance charge is hereby reduced to a warning." The defendant was then by court order required to attend 12 hours of instruction (Alcohol Safety Education Course), paying the cost of same of $30, given by the Georgia Safety Council.
On the 9th day of May, 1978, the defendant entered a plea in bar ("filed 5-9-78") to the charges in Fulton County of operating an automobile while intoxicated; improper acceleration; improper muffler; attempting to flee and elude police; passing on double yellow line; and speeding. The plea set forth certified copies of the multiple charges of misdemeanor to which he had pleaded nolo contendere in Cobb County and showing the punishment received, contending he was never apprehended by Fulton County officers within the boundaries of Fulton County, had been tried and punished in the State Court of Cobb County on May 8, 1978, hence the state is estopped and barred from prosecuting him in the State Court of Fulton County for the identical charges arising out of said transaction for which he has already been prosecuted in Cobb County. The prayer was that "the case be dismissed."
On the 13th day of September, 1978, after a hearing of the plea in bar on argument of counsel only, a judge of the State Court of Fulton County granted the plea. The state appeals under the authority of Code Ann. § 6-1001a (Ga.L.1973, pp. 297, 298). Held :
1. The above law has been annotated in Ch. 6-10A of the Annotated Code under "APPEAL BY STATE IN CRIMINAL CASES." Code Ann. § 6-1001a(a)(c), supra, authorizes the state to appeal criminal cas...
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Hassard v. State
...of conduct.’ ” (Citations omitted.) Dean v. State, 309 Ga.App. 459, 460, 711 S.E.2d 42 (2011). Hassard relies on State v. Willis, 149 Ga.App. 509, 254 S.E.2d 743 (1979), to support his argument that prosecution for DUI less-safe in the two different counties arose out of the same conduct an......
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State v. Stowe
...a plea in bar, the grant of which has been considered by this Court. State v. Tuzman, 145 Ga.App. 481, 243 S.E.2d 675; State v. Willis, 149 Ga.App. 509(1), 254 S.E.2d 743; State v. Gilmer, 154 Ga.App. 673(1), 270 S.E.2d 25. See also State v. Benton, 246 Ga. 132, 269 S.E.2d We find no merit ......
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Wilson v. State, 65596
...being a "final disposition" of the case, it was error to deny appellant's Plea in Bar of trial. Brock, supra; State v. Willis, 149 Ga.App. 509, 511(3), 254 S.E.2d 743 (1979). Judgment QUILLIAN, P.J., and POPE, J., concur. ...