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STATE v. HUDSON

No. S13G0311.

748 S.E.2d 910 (2013)

293 Ga. 656

The STATE v. HUDSON.

Supreme Court of Georgia.

September 23, 2013.

Attorney(s) appearing for the Case

Lee Darragh , Dist. Atty., Lindsay Hunter Burton , Asst. Dist. Atty., Northeastern Circuit District Attorney's Office, for appellant.

Mark Andrew Begnaud , Atlanta, H. Bradford Morris, Jr. , Office of the Public Defender, for appellee.

HUNSTEIN, Justice.

We granted certiorari in this criminal case to decide on the correct approach for determining whether a new sentence, imposed after the defendant's initial sentence has been vacated, constitutes a harsher sentence and thereby triggers a presumption of vindictiveness under North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). More than three decades ago, this Court adopted what is known...

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