Asberry v. State

Blackburn, Judge.

Cedric Asberry appeals the trial court’s denial of his motion to dismiss the Georgia Controlled Substances Act charge against him on double jeopardy grounds.

Asberry was indicted for possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon. On a separate indictment, returned the same day and arising from the same incident, Asberry and various co-defendants were indicted for violating the Georgia Controlled Substances Act, the facts of which form the basis of the underlying crime necessary to support the possession of a firearm…