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State v. Jones

Double jeopardy did not preclude the state from prosecuting the defendant in superior court for aggravated battery and aggravated assault, because he was never placed in jeopardy as to his state court accusation for the related charges of family violence battery and child cruelty.

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The State appeals the trial court’s order granting Gene Jones’s plea in bar based on procedural double jeopardy protections. For reasons that follow, we reverse. “On appeal from the grant or denial of a double jeopardy plea in bar, we review the trial court’s oral and written rulings as a whole to determine whether the trial court’s findings support its conclusion.”1 Where the evidence is uncontroverted and witness credibility is not an issue, our review of the of the trial court’s application of the law to the undisputed facts is de novo.2

The record shows that on July 19, 2006, the DeKalb Solicitor’s office filed a two count accusation against Jones arising out of a February 22, 2005 incident. The accusation charged him with 1 family violence battery for “intentionally causing substantial physical harm to Patricia Herbert,” with whom he lived, by hitting her; and 2 cruelty to children in the third degree for intentionally allowing a child under eighteen years of age to witness the family violence battery. On September 21, 2006, Jones filed a speedy trial demand.

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