Samuel v. State

Pope, Judge.

This interlocutory appeal comes from the trial court’s denial of appellant’s motion to dismiss the indictment. Appellant argues that the indictment violates double jeopardy as well as OCGA §§ 16-1-7 (b) and 16-1-8 (b) (1). In February 1986, appellant was convicted of trafficking in cocaine after a bench trial at which he stipulated the evidence against him. That conviction was affirmed in Samuel v. State, 181 Ga. App. XXIX (Case No. 73315, unpublished opinion) (1986). This conviction was vacated later on a petition for habeas corpus upon the authority of Robinson v. State, 256 Ga.…