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Stembridge v. State

The trial court properly denied the defendant's "Motion in Autrefois Convict/Plea in Bar" because O.C.G.A. § 16-1-8 subsection c did not prevent his prosecution on a state cocaine trafficking charge following his guilty plea to a federal conspiracy charge.

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Stacey Stembridge appeals the trial court’s order denying his “Motion in Autrefois Convict/Plea in Bar” under OCGA § 16-1-8 c against a charge of trafficking in cocaine. In reviewing the grant or denial of such a motion/plea “where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, as here, we review de novo the trial court’s application of the law to the undisputed facts.” Citation and punctuation omitted. State v. Jeffries, 298 Ga. App. 141, 142 679 SE2d 368 2009. And after applying a de novo review, we affirm.

On November 13, 2009, a Fulton County grand jury indicted Stembridge on one count of trafficking in cocaine under OCGA § 16-13-31 Count 1, one count of possession of marijuana with intent to distribute under OCGA § 16-13-30 Count 2, and one count of fleeing and attempting to elude OCGA § 40-6-395 Count 3 in connection with events occurring on November 6, 2009 in Fulton County the “state indictment”. Count 1 of the state indictment charged that on that date, Stembridge unlawfully and knowingly possessed a mixture with a purity of at least 10 percent of cocaine, with a weight of 400 grams or more. David Kevin Hines was named as a co-defendant in Counts 1 and 2 of that indictment.

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