Montgomery v. State

Blackburn, Presiding Judge.

In his second appeal before this Court regarding a conviction for cocaine trafficking and possession with intent to distribute, Maurice Montgomery appeals the trial court’s denial of his motion to pronounce a valid judgment of acquittal, arguing that (1) because his original indictment was not nolle prossed until after he was convicted under a subsequently filed indictment, the conviction is void due to double jeopardy, and (2) the trial court erred by vacating a nolle prosequi order entered on October 23, 2000, and substituting one entered on June 28, 2002. For the…