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Valerie Goodwinv.The State

CourtCourt of Appeals of Georgia
Docket No.A17A0066
DecidedJune 5, 2017
Reporter294 Ga. 842
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureDouble JeopardyDue ProcessStatutory InterpretationPersonal JurisdictionReversal
Case Summary

Valerie Goodwin was initially convicted of obtaining hydrocodone by theft and misdemeanor theft after a bench trial. The Georgia Court of Appeals later reversed the felony conviction because the superior court lacked jurisdiction without a formal indictment, while affirming the misdemeanor conviction. The State then indicted Goodwin on the felony charge using the same charging language. Goodwin filed a plea in bar, arguing that the second prosecution was barred by double-jeopardy protections and Georgia statutes limiting successive prosecutions. The trial court denied the plea. The Georgia Court of Appeals reversed. It held that the first prosecution had proceeded to judgment, and that the statutory protections applied even though the first felony conviction had been invalidated for lack of jurisdiction. The second prosecution therefore was barred. The court reversed the denial of Goodwin’s plea in bar.

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