Simmons v. State

Smith, Chief Judge.

Hughie Simmons appeals from the denial of his motion to dismiss and plea in bar based on an alleged violation of OCGA § 16-1-7 (b). Because Simmons failed to show that the proper prosecuting attorney had actual knowledge of all the charges against him, the trial court did not err in denying his motion.

On March 27, 2001, Simmons was stopped for speeding and was arrested for the offense of driving as a habitual violator. Tickets for each charge were issued to him, notifying him to appear in recorder’s court on April 27, 2001. Simmons bonded out of jail but failed to appear…