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Cedric B. Parkerv.The State

CourtCourt of Appeals of Georgia
Docket No.A12A1732
DecidedMarch 13, 2013
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureSentencingRestitutionStatutory InterpretationSufficiency of the EvidenceDirect AppealVacaturRemand
Case Summary

Cedric B. Parker was convicted of burglary, aggravated battery, aggravated assault, and two robbery counts after an elderly victim identified him as the assailant. The Georgia Court of Appeals held that the victim had ample opportunity to observe Parker, identified his distinctive clothing, and gave testimony corroborated by a neighbor and Parker’s own description of his appearance. The jury was also allowed to consider evidence about another possible suspect, so the identification challenge did not undermine the convictions. The court then addressed a restitution order requiring Parker to pay $10,000 for the victim’s jewelry, which the trial judge imposed during sentencing without a hearing or input from either side. Georgia’s older statute had been interpreted to require a defendant to dispute restitution before a hearing, but a newer statute required a hearing whenever the parties had not agreed on the amount before sentencing. The newer legislative command controlled. Because no agreement was shown, the trial court was required to determine restitution through a hearing and consider the statutory factors. The court affirmed Parker’s convictions, vacated the restitution order, and remanded for that hearing. The ruling clarified that restitution procedure cannot be bypassed merely because the defendant did not object at sentencing.

Opinion

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