Wooten v. State

Carley, Judge.

Appellant was indicted as a recidivist in a two-count burglary indictment. The indictment alleged that appellant had three prior convictions for burglary, one in Cobb County and two in Clayton County. Appellant entered his plea of not guilty to the indictment. Subsequently appellant filed a “Motion As To Validity of Indictment,” asserting that he had in fact been acquitted rather than convicted of the Cobb County burglary. Apparently appellant’s original conviction of the Cobb County burglary had been reversed on appeal, necessitating a new trial at which he was acquitted. See…