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Locklear v. State

Defendant whose license was accidentally suspended due to an erroneous DUI conviction by the trial court could not make a plea in bar of double jeopardy arising from the DUI charge, since any harm he suffered was not the result of action by the prosecutor.

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A misdemeanor DUI sentence against David Leon Locklear was mistakenly entered and filed in the Superior Court of Barrow County. After the papers were filed, the court clerk forwarded Locklear’s driver’s license to the Department of Public Safety, which suspended it. Locklear now appeals the denial of his plea in bar based on double jeopardy. He claims that his continued prosecution for DUI puts him at risk of multiple punishment for the same offense. Because we find that Locklear was not punished within the meaning of the bar against double jeopardy, we affirm.

Locklear was arrested for DUI on February 17, 1997. Locklear’s counsel and the prosecutor negotiated a guilty plea, and the paperwork was prepared in advance. On February 5, 1998, Locklear appeared in court and, rather than enter the expected guilty plea, expressed dissatisfaction with his counsel, who was allowed to withdraw.

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