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Daker v. State

The introduction of evidence relating to defendant's Fulton County crimes during his Cobb County stalking trial did not bar defendant's subsequent stalking trial in Fulton County.

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A Fulton County grand jury indicted Waseem Daker for aggravated stalking, burglary, aggravated assault, and five counts of stalking. Daker filed a plea in bar, arguing that his prosecution is barred by his previous conviction in Cobb County for two counts of aggravated stalking. The trial court denied Daker’s plea, and he appeals. For reasons that follow, we affirm.

The relevant history between Daker and his victim, Lottie Spencer, is set forth in detail in this Court’s opinion in Daker v. State.1 Daker met Spencer either in 1993 or 1994 and, in December 1994, he began harassing her. The harassment began with telephone calls, but eventually escalated to include showing up at Spencer’s home, entering Spencer’s home without permission, threatening to kill both Spencer and her daughter, and attempting to force Spencer’s car off of the road. Spencer contacted the police, and Daker was charged with multiple offenses in both Fulton and Cobb County. The Fulton County offenses occurred between December 15, 1994 and September 1, 1995 and the two Cobb County offenses occurred on October 14 and 20, 1995.

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