Garrett v. State

Appellant's indictment for serious injury by vehicle under OCGA § 40-6-394, after he pled guilty to DUI in violation of OCGA § 40-6-391, violated the federal Double Jeopardy Clause.

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Gary Stephen Garrett appeals the trial court’s denial of his motion for plea in bar on the ground of double jeopardy in connection with a charge of serious injury by vehicle OCGA § 40-6-394. “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.” Citation and punctuation omitted. Strickland v. State , 300 Ga. App. 898 686 SE2d 486 2009. But “where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, we review de novo the trial court’s application of the law to undisputed facts.” Citation omitted. Summers v. State , 263 Ga. App. 338 587 SE2d 768 2003. The underlying facts in this case are not in dispute. On August 10, 2008, Garrett drove under the influence of alcohol OCGA § 40-6-391 a 5, had an open container of alcohol OCGA § 40-6-255 and failed to yield the right of way OCGA § 40-6-71, resulting in an automobile collision. He pled guilty to these state violations in the Municipal Court of Hiram, Georgia on September 26, 2008, and he was sentenced to twenty-four months on probation, two days to serve in the Paulding County Jail, and $1,046 in fines, surcharges and other costs.

Garrett stipulated in the trial court that police and prosecutors were unaware at the time of this plea that the collision had resulted in a serious injury to anyone. Later, when police were notified that Terry Powell had been seriously harmed in the wreck, the case was referred to the Paulding County District Attorney. A grand jury subsequently indicted Garrett on the charge of serious injury by vehicle. The indictment alleged that Garrett caused bodily harm to Powell, by rendering his ankle useless, “through a violation of OCGA § 40-6-391, Driving Under the Influence of Alcohol.”

Garrett v. State

Appellant's indictment for serious injury by vehicle under OCGA § 40-6-394, after he pled guilty to DUI in violation of OCGA § 40-6-391, violated the federal Double Jeopardy Clause.

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