Legal Opinion

Gibson v. State

Court of Appeals of Georgia

Decided January 31, 2013No. A12A2022PublishedCited by 3 opinions

1Opinion of the Court

Boggs, Judge.

In this appeal, we consider whether a restitution hearing is a “critical stage of proceedings” in which a defendant has a right to counsel. Under the circumstances presented here, we conclude that it is, and we accordingly reverse and remand for a new restitution hearing.

Derrick Gibson pleaded guilty to theft by receiving, theft by taking, theft by deception, falsification of a vehicle identification number, and removal of a vehicle identification number in connection with the theft of a classic Ford Mustang. At the plea hearing, Gibson’s counsel indicated that he was willing to…

2Cases cited17 opinions

  1. United States v. CronicSupreme Court of the United States · 1984
  2. Perez v. StateSupreme Court of Georgia · 2008
  3. State v. AlspachSupreme Court of Iowa · 1996
  4. Anderson v. StateCourt of Appeals of Georgia · 1999
  5. State v. HeathSupreme Court of Georgia · 2003

12 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. v. HernandezColorado Court of Appeals · 2019
  2. EMELY GOMEZ v. USAA CASUALTY INSURANCE COMPANYCourt of Appeals of Georgia · 2026
  3. Patrick Lavern Baker v. StateCourt of Appeals of Georgia · 2022

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