Spears v. State

Smith, Judge.

David A. Spears brings this appeal from the trial court’s denial of his plea in bar on double jeopardy grounds.

Spears was charged by accusation in Toombs County with driving under the influence and disorderly conduct. After a hearing on Spears’s competence to stand trial, a jury was impaneled and sworn. During presentation of the State’s case, appellant’s counsel notified the solicitor that his law partner had called the State Bar of Georgia on another matter and discovered that the solicitor was not in good standing for failure to pay dues. The solicitor stated in his place that…