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Higdon v. State

Since the defendant's three accusations and an indictment were not consolidated or joined for prosecution, the trial court correctly concluded that each accusation and indictment represented one occasion for purposes of first offender treatment.

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Carl David Higdon pleaded guilty to various felony and misdemeanor offenses charged in four cases. He appeals from the sentences imposed in the separate judgment entered in each case claiming that the trial court erroneously refused to exercise its discretion to consider sentencing him on all the offenses as a first offender under the provisions of OCGA § 42-8-60 et seq. We combine the appeals for this opinion, find no error, and affirm the judgment and sentences in all four cases. At a hearing on November 23, 2010, Higdon entered guilty pleas to all the offenses set forth in three accusations and one indictment.

In Case No. A11A0926, Higdon pleaded guilty to three counts of deposit account fraud in violation of OCGA § 16-9-20. As set forth in an accusation filed on January 27, 2010, in Catoosa County, Higdon was charged in that case with one felony count by delivering one bad check on February 5, 2009, for $850.00 in exchange for currency, and two misdemeanor counts by delivering two bad checks on February 21, 2009, for $535.00 and $214.00, respectively, in exchange for jewelry.

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