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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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