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Maddox v. State4/7/2004
he new accusation. Thus, there is no evidence that the State tried Maddox on the old, nolle prossed accusation. Since the State did not proceed on the old accusation, Maddox's claim that the trial court "attempted to correct the state's error in proceeding on an accusation that had been nol prossed" is factually baseless and does not authorize reversal.
FN7. See McGahee v. State, 133 Ga.App. 964, 966(3), 213 S.E.2d 91 (1975) ("A nolle prosequi is a cessation of prosecution for the nonce, but it may spring into life again and be continued again with all of the fervor and energy at the command of the prosecuting officers. A new indictment may be returned or a new accusation may be filed, and the earlier nolle prosequi can in no sense be pleaded as autrefois acquit or former jeopardy, or res judicata.") (Citation omitted); accord Buice v. State, 239 Ga.App. 52, 53(1), 520 S.E.2d 258 (1999).
FN8. Maddox's claims regarding the State's inability to find Trooper Wynn in relation to the filing of a new accusation are rendered meritless by Wynn's presence at trial and testimony therein.
Judgment affirmed.
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