Legal Opinion

Locklear v. State

Court of Appeals of Georgia

Decided May 12, 2000No. A00A0171PublishedCited by 1 opinion

1Opinion of the Court

Smith, Presiding Judge.

A misdemeanor DUI sentence against David Leon Locklear was mistakenly entered and filed in the Superior Court of Barrow County. After the papers were filed, the court clerk forwarded Locklear’s driver’s license to the Department of Public Safety, which suspended it. Locklear now appeals the denial of his plea in bar based on double jeopardy. He claims that his continued prosecution for DUI puts him at risk of multiple punishment for the same offense. Because we find that Locklear was not punished within the meaning of the bar against double jeopardy, we affirm.

Locklear…

2Cases cited4 opinions

  1. Green v. United StatesSupreme Court of the United States · 1957
  2. Higdon v. CooperSupreme Court of Georgia · 1981
  3. Thompson v. StateCourt of Appeals of Georgia · 1997
  4. Smith v. StateCourt of Appeals of Georgia · 1985

3Cited by1 opinion

  1. Boone v. StateCourt of Appeals of Georgia · 2002

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