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Lawskills.com Georgia Caselaw
BROWN v. THE STATE.
A91A1360.
COOPER, Judge.
Armed robbery. Clayton Superior Court. Before Judge Crumbley.
Appellant appeals from his conviction of armed robbery and sentence of life in prison. A jury found appellant guilty of participating in the April 2, 1988, armed robbery of a Big Star grocery store in Clayton County. At the trial, one of appellant's co-defendants testified that appellant planned the robbery, owned the gun that was used in the robbery, drove the getaway car and shared in the proceeds of the robbery.
1. Appellant first enumerates that the trial court erred in denying his plea in bar in which appellant argued that a plea agreement made in connection with the prosecution of another charge barred the prosecution of the April 1988 robbery. Appellant was indicted and tried for a crime that occurred on March 22, 1988, in Fulton County. At the time of the Fulton County trial, an arrest warrant for the April Clayton County robbery had been issued against appellant. During the Fulton County trial, the Fulton County District Attorney entered into a plea agreement with appellant in which the district attorney represented to appellant and to the court that if appellant pled guilty to one charge of the indictment and accepted a prison sentence of 20 years, the Clayton County charge would be dismissed and appellant would not be prosecuted for that charge. The Fulton County District Attorney asserted that he had the acquiescence of the Clayton County authorities to this agreement. Appellant accepted the plea agreement on these conditions, when, in fact, the Fulton County District Attorney had not consulted with Clayton County and did not obtain the consent of Clayton County to the agreement. Subsequently, the instant prosecution on the Clayton County charge was initiated. This case is controlled by Bryant v. State, 164 Ga. App. 555 (1) (296 SE2d 792) (1982). The Bryant court construed the Georgia Constitution "as limiting the authority and duties of district attorneys to their judicial circuits," and held that one county's prosecutor's agreement with a defendant is not enforceable in another county, but is only enforceable within that prosecutor's judicial circuit. Id. at 556. Appellant's reliance on State v. Hanson, 249 Ga. 739 (295 SE2d 297) (1982) is misplaced. Hanson involved a prosecutor's promise of immunity from prosecution for all charges within his jurisdiction. Appellant's first enumeration is without merit. While we are concerned with the Fulton County District Attorney's reprehensible conduct in blatantly misrepresenting the participation of Clayton County authorities, such misrepresentation, if relied upon by appellant, goes to the voluntariness of appellant's plea in Fulton County, not to the instant Clayton County prosecution.
By our conclusion herein, we do not condone in any way the actions of the Fulton County District Attorney in this case.
App. 291, 292 (2) (401 SE2d 310) (1991). We have reviewed the evidence presented and we conclude that the above-quoted standard for the admissibility of similar transaction evidence was satisfied and the court did not err in allowing the State to present evidence of the March 1988 DeKalb County Big Star robbery.
Robert E. Keller, District Attorney, Clifford A. Sticher, Assistant District Attorney, for appellee.
William H. Turner, Jr., for appellant.
DECIDED OCTOBER 10, 1991.
Thursday May 21 10:31 EDT


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