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Banks v. State

The trial court properly denied the defendant's double jeopardy plea in bar since he failed to prove that the prosecutor had actual knowledge of the other crimes when he prosecuted the first offense.

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On May 11, 2009, the State filed an accusation against Kevin Eugene Banks charging him with the sale of methamphetamine. Banks entered a plea of guilty to this charge pursuant to North Carolina v. Alford.1 Banks was subsequently indicted for the offenses of manufacturing methamphetamine, conspiracy to commit the manufacture of methamphetamine, possession of marijuana less than one ounce, and two counts of possession of methamphetamine. Banks filed a plea in bar, arguing that his guilty plea and the subsequent indictment arose from the same conduct, and, accordingly, that the subsequent indictment subjected him to procedural double jeopardy under OCGA § 16-1-7 b. Banks appeals the trial court’s denial of his plea in bar, and finding no error, we affirm.

“The appellate standard of review of a grant or denial of a double jeopardy plea in bar is whether, after reviewing the trial court’s oral and written rulings as a whole, the trial court’s findings support its conclusion.”2

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