Thomas v. State

The state may rescind part of a plea agreement and indict the defendant on charges that were previously nolle prossed if the defendant breaches the plea agreement by withdrawing part of his plea.

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Windell Thomas appeals the trial court’s denial of his plea of former jeopardy and autrefois convict, arguing that his indictment on charges that had previously been nolle prossed, pursuant to a negotiated plea agreement, subjected him to multiple prosecutions in violation of OCGA § 16-1-7 b and § 16-1-8 b. For the reasons set forth below, we affirm. On June 18, 2002, Thomas was indicted on eleven counts of aggravated child molestation, eight counts of child molestation, one count of aggravated sodomy, and three counts of sexual exploitation of children for allegedly engaging in various sexual acts over a period of time with seven different young boys.1 In the same indictment, Thomas was also charged with twelve counts of violating several provisions of the Georgia Controlled Substances Act OCGA § 16-13-30 et seq.. On October 15, 2002, pursuant to a negotiated plea agreement, Thomas pled guilty to one count of child molestation2 of C. B., one count of aggravated child molestation3 of J. B., one count of sexual exploitation4 of Je. H., one count of aggravated child molestation of Ja. H., and one count of child molestation of A. R. As part of the same agreement, Thomas also pled guilty to one count of aggravated sodomy5 of N. S., which had been charged in a separate accusation.6 In exchange for Thomas’s guilty pleas, the State moved for and obtained an order of nolle prosequi as to the remaining counts in the 2002 indictment, and Thomas received a 15-year sentence.

On January 10, 2003, Thomas moved to withdraw his guilty pleas to the counts in the 2002 indictment and in the accusation. On August 13, 2003, he abandoned this motion with regard to his guilty pleas to the 2002 indictment but maintained his request to withdraw his guilty plea to the sole count in the accusation. In a hearing conducted that same day, the trial court set aside Thomas’s guilty plea to the accusation and its sole charge alleging aggravated sodomy of N. S. on the ground that Thomas had not filed a written waiver of indictment as to that charge.

Thomas v. State

The state may rescind part of a plea agreement and indict the defendant on charges that were previously nolle prossed if the defendant breaches the plea agreement by withdrawing part of his plea.

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