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State v. Perkins

The Court of Appeals adopted the Supreme Court's judgment that the defendant's conviction in probate court on his guilty plea to misdemeanor reckless driving did not bar his prosecution for a charge of felony vehicular homicide.

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In Perkins v. State , 256 Ga. App. 855 569 SE2d 910 1999, we affirmed the trial court order sustaining William Thomas Perkins’ plea in bar on former jeopardy grounds, holding that the plain language of OCGA § 40-6-376 did not, as the State argued, void Perkins’ prior conviction of a lesser-included reckless driving offense and allow him to be tried for vehicular homicide. On certiorari, the Supreme Court reversed, interpreting the statute to find that the probate court never acquired jurisdiction to try Perkins on the prior reckless driving offense. The Supreme Court also directed that this case be remanded to the trial court for consideration of any constitutional issues which Perkins properly raised, but upon which the court did not rule. Accordingly, our prior opinion is vacated, and the judgment of the Supreme Court is made the judgment of this court. Judgment vacated and case remanded with direction. Smith, C.J., Andrews, P.J., Ruffin, P.J., Eldridge, Barnes and Adams, JJ., concur.

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