Thorpe v. State

Pope, Presiding Judge.

Roberto Thorpe entered a guilty plea in federal court to possession of cocaine with intent to distribute. The court accepted the plea but postponed sentencing. Lamar County then indicted Thorpe for trafficking in cocaine arising out of the same set of facts, and, as a result, federal authorities dismissed their case against him. Thorpe then filed a plea in bar in the state action, arguing that OCGA § 16-1-8 mandates that that action is barred because his guilty plea was accepted by the federal court. The trial court denied the plea in bar, and Thorpe appeals.

On February…