Evans v. State

Barnes, Chief Judge.

Timothy J. Evans appeals the trial court’s denial of his plea of double jeopardy, contending that his exclusion from the drug court, program violated his rights to Equal Protection and the Americans with Disabilities Act of 1990 (ADA). For the reasons that follow, we affirm the trial court’s order denying the plea.

Evans was indicted for possession of methamphetamine and drug paraphernalia. The State offered to nolle pros the drug paraphernalia count and recommend a sentence of either five years’ probation and a fine, or pre-trial intervention through the Towaliga Judicial…