Brownv.State
Dwight Brown faced a misdemeanor reckless-conduct charge for allegedly firing from his vehicle toward another car. The trial court accepted his non-negotiated guilty plea, but the solicitor later learned Brown had already been indicted in superior court for aggravated assault and attempted felony based on the same events, and dismissed the misdemeanor case. Brown argued that jeopardy attached when the plea was accepted and OCGA § 17-8-3 barred dismissal without his consent. The Court of Appeals affirmed without reaching those merits. When asked about dismissal, counsel said only, “I can’t stop them”; that response did not specifically preserve Brown’s objection, and no statute authorized plain-error review of this post-plea dismissal. The court expressly did not treat counsel’s remark as consent and did not decide whether double jeopardy would bar prosecution under the separate indictment.
Loading published copy…

