Platt v. State

I respectfully dissent. I find that the resentencing was in error because no defendant may be sentenced after a new trial is granted but has not yet occurred, and also because the May 15 order, which expressly reaffirmed the February 26 finding of insufficient evidence, raised the bar of double jeopardy.

The resentencing was erroneous even absent the bar of double jeopardy because the grant of a new trial “ ‘[wipes] the slate clean as if no previous conviction and sentence had existed,’ ” Pledger v. State, 193 Ga. App. 588 (2a) (388 SE2d 425) (1989), and as a general rule leaves the case…