State v. Hudson

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 SCt 2072, 23 LE2d 656) (1969). More than three decades ago, this Court adopted what is known as the “count-by-count” approach. Anthony v. Hopper, 235 Ga. 336 (219 SE2d 413) (1975). However, the majority of federal *657and state appellate courts have now adopted the…