Perkins v. State

Smith, Judge.

Perkins appeals from the trial court’s denial of his double jeopardy plea. We find that a prior conviction does bar this prosecution, and we therefore reverse.

On July 31, 1975, an arrest warrant was issued for Perkins on account of his April 24,1975, sale of more than an ounce of marijuana to an undercover agent. In the State Court of Clayton County on October 15, 1975, Perkins, without an attorney, pled guilty to a charge that on April 24, 1975, he unlawfully possessed less than an ounce of marijuana. The state court imposed a $50 fine and "first offender treatment . . . for a…