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Edvalsonv.The State

CourtSupreme Court of Georgia
Docket No.S19G1516
DecidedSeptember 29, 2020
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSex CrimesTales From the CryptEvidenceStatutory InterpretationCertiorariVacaturRemand
Case Summary

Thomas Edvalson was convicted of multiple counts of sexual exploitation of children based on digital images found on electronic devices. The Georgia Supreme Court granted certiorari to determine whether the trial court and Court of Appeals improperly allowed separate convictions for simple possession and possession with intent to distribute arising from the same images. The court held that the convictions and sentences for possession with intent to distribute could not stand under the governing statutory analysis. It reversed the Court of Appeals and directed that those counts be vacated and that the case return to the trial court for resentencing. The court did not decide whether the ruling would apply retroactively to other cases. All justices who participated concurred.

Opinion

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