Adams v. State

I respectfully dissent because the opinion of the majority endorses an analysis by the Court of Appeals which is diametrically opposed to the precedent of this Court and which is incompatible *521with the established criminal jurisprudence of this State.

We granted certiorari to the Court of Appeals in Adams v. State, 299 Ga. App. 39 (681 SE2d 725) (2009), to consider the sole issue of the appropriate analysis for determining whether a trial court’s resentencing of a defendant results in a more severe sentence under North Carolina v. Pearce, 395 U. S. 711 (89 SC 2089, 23 LE2d 656) (1969), and…