State v. Gilmer

Shulman, Judge.

Pursuant to Code Ann. § 6-1001a (c), the state appeals the grant of defendant’s plea in bar premised on the state’s alleged failure to comply with the provisions of Code Ann. § 26-506 (b). We reverse.

1. Defendant-appellee argues that since he was tried earlier for certain traffic offenses, the state is precluded under § 26-506 (b) from subsequently prosecuting him for possession of marijuana, since the charges arise from the same conduct. Assuming, without deciding, that all offenses arose from the “same conduct,” we nevertheless must conclude that the trial court’s grant of…