Rowe v. State

Ruffin, Judge.

Alisha Rowe appeals from the denial of her motion in autrefois convict and plea of former jeopardy. This case presents the “thorny issue” of whether the police officer who cited her for failure to yield the right of way was the “prosecuting officer” under OCGA § 16-1-7 (b). See Selvey v. State, 201 Ga. App. 848 (412 SE2d 611) (1991). Because we answered essentially the same question in the negative in Zater v. State, 197 Ga. App. 648 (1) (399 SE2d 222) (1990) and the trial court faithfully applied Zater in denying Rowe’s motion, we affirm.

The record shows that on July 8, 1993,…