TaiLexi AI U.S. Case Law

State v. Gilder

The State v. Gilder

State v. Gilder, 248 S.E.2d 659 (Ga. 1978)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Georgia · State Highest Courts
Decided
September 28, 1978
Docket
No. 33817
Judges
Per Curiam
Citations
248 S.E.2d 659242 Ga. 2851978 Ga. LEXIS 1172
Cited by 8

Opinion — Per Curiam

Per curiam.

The facts show that the defendant Gilder was apprehended on March 4, 1977, and was charged by the district attorney of Chatham County with driving a vehicle while intoxicated and utilizing a previously revoked driver’s license. On May 27,1977, Gilder entered pleas of guilty in the State Court oí1 Chatham County to these offenses and was sentenced to serve 12 months (concurrently) on each. On July 5, 1977, Gilder was indicted by the Chatham County grand jury for having violated Code § 68B-308 (c) on March 4, 1977.

That Code section provides in pertinent part that "Any person declared to be an habitual violator and whose driver’s license has been revoked under the provisions of this section who is thereafter convicted of operating a motor vehicle, while his license is so revoked, may, upon such conviction, be punished by confinement in the penitentiary not less than one nor more than five years.”

To the indictment Gilder filed a plea pursuant to the provisions of Code Aim. § 26-506 which the superior court granted. The Court of Appeals affirmed and this court granted certiorari to determine whether the defendant’s plea of former jeopardy was properly sustained.

For the reasons stated in the decision of the Court of Appeals, State v. Gilder, 145 Ga. App. 731 ( 245 SE2d 3 ) (1978), we find that the plea of former jeopardy was properly sustained under Code § 26-506 and we expressly affirm so much of the opinion of the Court of Appeals as *286 relates to the issue reviewed on certiorari.

Argued September 11, 1978 Decided September 28, 1978.

Andrew J. Ryan, III, District Attorney, Robert M. Hitch, III, Kenneth R. Fielder, Assistant District Attorneys, for appellant.

Tony H. Hight, John H. Petrey, amicus curiae.

Charles C. Osbun, for appellee.

Judgment affirmed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1978: 11979: 21981: 11984: 11986: 21987: 119782026peak 1979 · 2

Relies on it most ⓘ

  1. Baker v. State361 S.E.2d 808 (Ga. 1987)
  2. McCrary v. State320 S.E.2d 567 (Ga. Ct. App. 1984)
  3. State v. Moses517 A.2d 839 (N.H. 1986)
  4. Flakes v. State256 S.E.2d 379 (Ga. 1979)
  5. Mann v. State287 S.E.2d 325 (Ga. Ct. App. 1981)
  6. Benton v. State258 S.E.2d 298 (Ga. Ct. App. 1979)

Most recent

  1. Baker v. State361 S.E.2d 808 (Ga. 1987)
  2. Bailey v. State349 S.E.2d 822 (Ga. Ct. App. 1986)
  3. State v. Moses517 A.2d 839 (N.H. 1986)
  4. McCrary v. State320 S.E.2d 567 (Ga. Ct. App. 1984)
  5. Mann v. State287 S.E.2d 325 (Ga. Ct. App. 1981)
  6. Benton v. State258 S.E.2d 298 (Ga. Ct. App. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Gilder, 245 S.E.2d 3 (Ga. Ct. App. 1978) 13

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list