Blackwell v. State

Smith, Judge.

Linton Blackwell appeals from the trial court’s denial of his plea of former jeopardy. We conclude that the trial court correctly denied the plea because neither Blackwell’s Fifth and Fourteenth Amendment rights under the United States Constitution nor his rights under OCGA §§ 16-1-7 (b) and 16-1-8 were violated. We therefore affirm the trial court’s ruling.

Blackwell was arrested in June 1996 when the van he was driving crashed while being pursued by police after a robbery. He was issued a citation at the scene accusing him of fleeing to elude a police officer. OCGA § 40-6-395.…