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Moser v. State

Defendant's federal conviction for conspiracy to possess methamphetamine did not bar his state prosecution for crimes requiring proof that he possessed marijuana and methamphetamine.

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The grand jurors for Bartow County, Georgia, charged Eric Joshua Moser and one other with possession of more than one ounce of marijuana Count 1, possession of marijuana with intent to distribute Count 2, possession of methamphetamine Count 3, possession of methamphetamine with intent to distribute Count 4, trafficking in more than 28 ounces of methamphetamine Count 5, and possession of devices to commit a crime, namely a set of electronic scales and a box of plastic baggies, commonly used in the retailing of controlled substances Count 6. All crimes allegedly occurred on or about November 3, 1996.

Moser filed a plea of double jeopardy based upon his prior guilty plea and conviction in the U. S. District Court for the Northern District of Georgia, Rome Division, where Moser admitted the allegations in Count I of a federal indictment charging him and several others with conspiracy to “possess with intent to distribute methamphetamine,” from dates unknown to the grand jury but including at least from January 1, 1996 through December 18, 1997. In consideration for his cooperation, a separate count charging Moser with possession with intent to distribute methamphetamine on November 3, 1996, was dismissed.

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