Adams v. State, 287 Ga. 513

Summary

The Supreme Court of Georgia affirmed Tavins Lee Adams's resentencing for child molestation-related offenses. The court held that the North Carolina v. Pearce presumption of vindictiveness did not apply because the trial court itself granted Adams's motion for a new sentencing hearing after finding a merger error. The court also held that the aggregate approach governs whether a resentencing is more severe, and Adams's new 50-year aggregate sentence was less than his original 60-year sentence.

Holdings

1. The Pearce presumption of vindictiveness does not apply when the trial court itself concludes that an error occurred and grants the defendant's motion for a new sentencing hearing.
2. The severity of a resentencing for purposes of the Pearce presumption must be measured using the aggregate approach: the presumption is triggered only when the new aggregate sentence is more severe than the original aggregate sentence.

Questions Presented

1. Whether the Pearce presumption of vindictiveness applies when the trial court itself grants the defendant's motion for new trial based on a sentencing error and orders resentencing.
2. Whether the severity of a new sentence under North Carolina v. Pearce should be measured by comparing aggregate sentences or by comparing the sentence imposed on each individual count.

Disposition

affirmed