State v. Dorsey

Smith, Presiding Judge.

This is the State’s second appeal regarding the third bill of indictment against Jarius Dorsey for vehicular homicide by driving under the influence. The State appeals the trial court’s order quashing Count 2 of the indictment. Because OCGA § 17-7-53.1 bars further prosecution for this charge, we affirm.

The underlying procedural facts are not disputed by the parties. On September 17, 1998, the Fulton County grand jury returned indictment Y-11325, charging Dorsey with one count of vehicular homicide by violating OCGA § 40-6-391, two counts of driving under the influence,…