State v. Smith

Clarke, Presiding Justice.

OCGA § 16-1-7 proscribes multiple prosecutions for the same conduct. OCGA § 16-1-7 (b) provides that

[i]f several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution except as provided in subsection (c) of this Code section.

Subsection (c) provides that the court may, in the interest of justice, order that one or more charges be tried separately.

We accepted the state’s petition for certiorari in this…