Evans v. State

Timothy J. Evans appeals the trial court’s denial of his plea of double jeopardy, contending that his exclusion from the drug court program violated his rights to Equal Protection and the Americans with Disabilities Act of 1990. For the reasons that follow, we affirm the trial court’s order denying the plea. Evans was indicted for possession of methamphetamine and drug paraphernalia. The State offered to nol pros the drug paraphernalia count and recommend a sentence of either five years’ probation and a fine, or pre-trial intervention through the Towaliga Judicial Circuit’s new drug court program in exchange for Evans’ guilty plea. Evans agreed to enter the drug court program.

Under OCGA § 16-13-2 a, if a person with no previous conviction for a drug offense pleads guilty to or is found guilty of illegal drug possession, the trial court may defer entering a judgment of guilt, place the person on probation, and direct him to attend a comprehensive rehabilitation program. Id. If the person violates probation, the court may enter an adjudication of guilt and sentence him, but if he fulfills the probation terms, the proceedings against him are dismissed without a court adjudication of guilt and his record will not show a conviction. Id.