Following a jury trial, Shannon Bradford appeals her convictions in Dawson County for conspiracy to traffic amphetamine, trafficking amphetamine, and conspiracy to traffic methamphetamine. Bradford contends that the trial court erred by: 1 denying her plea in bar based on double jeopardy; 2 finding that Georgia’s conspiracy statute, OCGA § 16-4-8, is not unconstitutionally vague; 3 denying her motion for a continuance; and 4 failing to merge certain counts of the indictment. Because the trial court erred by denying Bradford’s motion for a continuance, we reverse. The record shows that, following an investigation regarding a number of drug sales, Ben Bishop and David Gates were arrested in Dawson County. Bishop and Gates, in turn, implicated Bradford as their supplier. Dawson County officers then obtained an arrest warrant for Bradford, who resided in Gwinnett County, and a search warrant for Bradford’s Gwinnett County home. Working together at Bradford’s home, Dawson County and Gwinnett County officers uncovered approximately one gram of methamphetamine, drug paraphernalia, and accounting papers. While the search was being executed, Bradford pulled into the driveway, and she and her passenger, Scott Lester, were placed under arrest. Bradford was carrying 90 Oxycontin pills in her purse, and Lester was carrying 64.6 grams of methamphetamine.
Thereafter, Bradford was indicted in Dawson County for conspiracy with Bishop to traffic in amphetamine, trafficking in amphetamine, and conspiracy with Gates to traffic in methamphetamine. Subsequently, Bradford was also indicted in Gwinnett County for possession of methamphetamine and possession of Oxycontin with intent to distribute. Bradford pled guilty to the Gwinnett County charges and was sentenced to ten years probation as a First Offender. After this plea, Bradford filed a special demurrer to the Dawson County indictment and a plea of double jeopardy. The trial court denied these motions, and, on appeal, the Court of Appeals affirmed, finding that the Dawson County prosecution was not barred by Bradford’s plea in Gwinnett County. See Bradford v. State , 283 Ga. App. 75 640 SE2d 630 2006. Following this appeal, Bradford was tried and convicted in Dawson County, after raising a second double jeopardy claim which was denied by the trial court.
