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Jackson v. State

The defendant's guilty plea to cocaine possession foreclosed his plea in bar of double jeopardy.

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Ralph Jackson, Jr. was charged in an indictment with possession of cocaine with intent to distribute and possession of a controlled substance within 1,000 feet of a school. With the assistance of counsel, Jackson entered into a negotiated guilty plea to one count of possession of cocaine. The day before the plea hearing, counsel filed a written plea of former jeopardy. The basis for this plea is that, at the hearing where Jackson was bound over by the Muscogee County recorder’s court to superior court for the two cocaine charges, he was also adjudicated guilty of disorderly conduct by the recorder, for which offense he served his sentence and paid his fine. At the superior court guilty plea hearing, in Jackson’s presence, counsel expressly informed the trial court that, while counsel did file a “plea of former jeopardy, we are waiving that. I wanted to put that on the record.” Proceeding pro se, Jackson appeals from the judgment of conviction entered on his guilty plea. In two related enumerations, he contends his conviction for possession of cocaine is barred by the substantive aspects of double jeopardy. We affirm.

1. Jackson did not seek to withdraw his guilty plea in the trial court nor did he there assert that counsel was ineffective. Nor did he raise and attempt to prove his double jeopardy claim in the trial court. As a matter of federal constitutional law, Jackson’s “double jeopardy challenge is foreclosed by the guilty plea and the judgment of conviction.”1 Specifically, because Jackson’s double jeopardy claim cannot be resolved on the face of the record, the limited exceptions authorizing collateral attack on the guilty plea do not apply.2

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