DELPH v. STATE

No. A06A0257.

630 S.E.2d 891 (2006)

279 Ga. App. 306

DELPH v. The STATE.

Court of Appeals of Georgia.

May 11, 2006.


Attorney(s) appearing for the Case

Jason D. Treadaway, Marietta, for appellant.

Patrick H. Head, District Attorney, Kathryn E. Cozzo, Dana J. Norman, Assistant District Attorneys, for appellee.


RUFFIN, Chief Judge.

Robert Delph filed a motion in autrefois convict, arguing that his nolo contendere plea for the offenses of simple battery and battery precluded a subsequent prosecution for aggravated battery and obstruction. The trial court denied the motion, finding that the subsequent charges "did not arise out of the same conduct." Delph appeals. As the trial court ruled correctly, we affirm.

"Where the evidence is uncontroverted and no question regarding...

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