Crudup v. State

Full title: CRUDUP v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 17, 1989

388 S.E.2d 765 (Ga. Ct. App. 1989)

193 Ga. App. 219

Opinion

A89A1902.

DECIDED OCTOBER 17, 1989.

Remand for resentencing. Glynn State Court. Before Judge Adams.

John N. Crudup, pro se.

Richard H. Taylor, Solicitor, for appellee.

DEEN, Presiding Judge.

This case previously appeared before this court at 191 Ga. App. 551 ( 382 S.E.2d 391) (1989), and it was remanded for resentencing to conform with the due process principle established in North Carolina v. Pearce, 395 U.S. 711 (89 SC 2072, 23 L.Ed.2d 656) (1969). Crudup was resentenced to a 12-month suspended sentence and a fine of $375, to include court costs. Once again he contends that the sentence violates his due process rights as set forth in the Pearce case. Held:

As there is nothing in the record to explain his $375 fine, we must agree. When his case was originally tried, he received a 12-month suspended sentence and was ordered to pay court costs of $59.95.

This case is remanded for resentencing that must conform with the law set forth in Crudup v. State, 191 Ga. App. 551, supra.

Case remanded with direction. Birdsong and Benham, JJ., concur.

DECIDED OCTOBER 17, 1989.