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Thorpe v. State

O.C.G.A. § 16-1-8 did not bar defendant's state court prosecution for cocaine trafficking because his federal prosecution arising out of the same set of facts was dismissed prior to entry of a final judgment.

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Roberto Thorpe entered a guilty plea in federal court to possession of cocaine with intent to distribute. The court accepted the plea but postponed sentencing. Lamar County then indicted Thorpe for trafficking in cocaine arising out of the same set of facts, and, as a result, federal authorities dismissed their case against him. Thorpe then filed a plea in bar in the state action, arguing that OCGA § 16-1-8 mandates that that action is barred because his guilty plea was accepted by the federal court. The trial court denied the plea in bar and Thorpe appeals.

On February 23, 2000, Officer Rosborough of the Lamar County Sheriff’s Department stopped Thorpe for failure to maintain his lane on Interstate 75. Officer Rosborough conducted a pat-down search for his own safety and a found a hard object in Thorpe’s pants. Thorpe then fled, and Rosborough pursued and apprehended him. A kilogram package of cocaine was found nearby. On March 6, 2000, in the United States District Court for the Middle District of Georgia, Macon Division, Thorpe admitted these facts and his guilt, and entered a guilty plea to a violation of 21 U.S.C. § 841 a 1 and b1Bii, possession with intent to distribute cocaine. At the end of the plea hearing, the court stated, “All right. The plea can be entered. Sentencing will be in June.”

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