State v. Goble

Smith, Judge.

Following a mistrial on rape-related charges and acquittal on other charges arising out of the same incident, appellee Steven Lee Goble was re-indicted. The State added three sodomy-related counts to the re-indictment of the rape offenses. Based upon OCGA § 16-1-7 (b), which requires a single prosecution for all known crimes arising from the same conduct, Goble filed a plea in bar of double jeopardy as to the sodomy charges. The trial court granted the plea in bar. The State appeals, claiming lack of prior knowledge of the sodomy offenses. Because Goble failed to show…