Frost v. State

The trial court abused its discretion in granting a mistrial on all three counts against the defendant after the jury reached unanimous verdicts on two of the counts and deadlocked on only one.

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Gary Glen Frost appeals from the denial of his plea in former jeopardy. Frost was tried for Driving Under the Influence of Alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391 a 1 DUI less safe; striking a fixture, OCGA § 40-6-272; and open container, OCGA § 40-6-253. After the jury reached a unanimous verdict on two counts, but was deadlocked on the remaining count, over Frost’s objection, the trial court granted a mistrial on all three counts. Frost contends on appeal that the trial court erred in failing to grant his request to accept the jury’s unanimous verdicts on the two counts of the three count accusation where the jury was hung only on one count. He also asserts that the trial court erred in admitting evidence of two prior DUI convictions under OCGA § 24-4-417 and 24-4-404 b. Following our review, we reverse the denial of Frost’s plea in bar as to the two decided counts. We also reverse the trial court’s ruling on the admissibility of the prior DUI convictions.

1. The record reflects that on June 24, 2012, at approximately 2:48 a.m., the concierge at the condo complex where Frost lived heard a “loud bang,” which he believed was caused by a car running into one of the entrance gates at the condominium. He observed from a security monitor that the gate was damaged and called police when it appeared that a vehicle was leaving the scene. Each condominium resident’s vehicle is equipped with an electronic identification decal, and when he checked the monitor, the concierge saw that the car belonged to Frost. He continued to observe the car on the monitors and saw that it eventually entered the parking deck through a visitor’s gate. When the concierge went to investigate, he observed Frost sitting in the driver’s seat in the parked car, with the engine and lights still on, and music playing. Frost appeared to be asleep.

Frost v. State

The trial court abused its discretion in granting a mistrial on all three counts against the defendant after the jury reached unanimous verdicts on two of the counts and deadlocked on only one.

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