Bailey v. State

Sognier, Judge.

This case comes to us on an allegation by appellant that he was tried and convicted in the Probate Court of Henry County of the same charges of driving under the influence of alcohol and speeding of which he was found guilty here, and thus, the trial court erred by denying his motion to dismiss the charges on the ground of former jeopardy. He also alleges that the instant case was based on a de novo appeal from his conviction in probate court, and therefore, it was error to reindict him as an habitual violator in addition to the DUI and speeding charges. The State’s contention…