Legal Opinion · Dissent

Jefferson v. State

Court of Appeals of Georgia

Decided July 16, 1993No. A93A0606Published

1DissentBeasley, Presiding Judge

I respectfully dissent to Division 1 of the majority opinion and would hold that the case be remanded for resentencing. I would not reach the remaining divisions because they relate to the sentences imposed.

Although Jefferson’s trial counsel appeared at the pre-sentence hearing and is shown on the transcript as representing him, it is not clear whether he was appointed by the court or was acting pro bono. However, Jefferson stated that he had asserted claims of ineffective assistance of counsel against him; that he had initiated this proceeding for a sentence hearing on his own; that trial…

2Cases cited15 opinions

  1. Morris v. SlappySupreme Court of the United States · 1983
  2. Rivers v. StateSupreme Court of Georgia · 1982
  3. Harris v. Superior CourtCalifornia Supreme Court · 1977
  4. Fleming v. StateSupreme Court of Georgia · 1980
  5. Durham v. StateCourt of Appeals of Georgia · 1987

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