Legal Opinion

Smith v. State

Court of Appeals of Georgia

Decided June 14, 2004No. A04A0313PublishedCited by 4 opinions

1Opinion of the Court

RUFFIN, Presiding Judge.

Tommy Lee Smith appeals the trial court’s denial of his plea of former jeopardy and motion to dismiss. For reasons that follow, we affirm.

“The appellate standard of review of [the] grant or denial of a double jeopardy plea ... is whether, after reviewing the trial court’s oral and written rulings as a whole, the trial court’s findings support its conclusion.”1 Viewed in this manner, the record shows that Smith was originally indicted for obstruction, theft by shoplifting, and four counts of theft by receiving. The State later filed an amended accusation setting forth…

2Cases cited6 opinions

  1. Bryans v. StateSupreme Court of Georgia · 1866
  2. Hubbard v. StateCourt of Appeals of Georgia · 1997
  3. Hardwick v. StateSupreme Court of Georgia · 1973
  4. McIntyre v. StateCourt of Appeals of Georgia · 1989
  5. Simile v. StateCourt of Appeals of Georgia · 2003

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Smith v. StateSupreme Court of Georgia · 2005
  2. Smith v. StateCourt of Appeals of Georgia · 2005
  3. Smith v. StateSupreme Court of Georgia · 2005
  4. Smith v. StateSupreme Court of Georgia · 2005

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