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Tavarres Hendersonv.The State

CourtCourt of Appeals of Georgia
Docket No.A21A0916
DecidedSeptember 16, 2021
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureSentencingStatutory InterpretationEvidenceVacaturRemand
Case Summary

Tavarres Henderson was convicted of robbery by intimidation and challenged the trial court’s consideration of his criminal history and its restitution order. The Court of Appeals of Georgia affirmed the conviction and sentencing decision insofar as the trial court properly considered Henderson’s criminal history. It nevertheless vacated the restitution order because the court had entered it without a hearing and without evidence establishing the victim’s damages or Henderson’s ability to pay. The court remanded for a restitution hearing governed by the statutory factors.

Opinion

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Tavarres Henderson V. The State — The Atlanta Gleaner