Legal Opinion · Concurring in part, dissenting in part

Harris v. State

Court of Appeals of Georgia

Decided July 16, 1991No. A91A0490Published

1Concurring in part, dissenting in partBirdsong, Presiding Judge

*845The problems some opinions create frequently lead a more robust judicial existence than the good therein contained. I believe such is the effect of Division 2 of the majority opinion.

In addition to subjecting appellant to an increase in punishment for reasons hereinafter addressed in detail, the opinion of the majority raises inter alia the following legitimate concerns: (a) The precedent of the majority subjects this and other hapless defendants to genuine threat of repeated increases in the amount of adjudged restitution, years after he or she has been sentenced. In fact, under the…

2Cases cited16 opinions

  1. Inman v. StateCourt of Appeals of Georgia · 1971
  2. Williams v. CrosbySupreme Court of Georgia · 1903
  3. People v. Hall-WilsonNew York Court of Appeals · 1987
  4. England v. NewtonSupreme Court of Georgia · 1977
  5. Mansfield v. PannellSupreme Court of Georgia · 1991

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