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Levin v. State

Double jeopardy did not bar resentencing on the merged count of aggravated battery after the defendant's conviction for kidnapping with bodily injury was reversed.

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In 1994, Gregory A. Levin was tried by a jury and convicted of kidnapping with bodily injury, two counts of aggravated assault, burglary, cruelty to children, aggravated battery, possession of a firearm during the commission of a crime, and making harassing phone calls.1 The trial court merged the aggravated battery conviction into the kidnapping with bodily injury conviction and sentenced Levin to a total of life plus 48 years in confinement. Levin appealed, and this Court reversed his conviction for making harassing telephone calls based on an improper verdict form, and his convictions for aggravated assault and possession of a firearm based on erroneous jury charges. Levin v. State, 222 Ga. App. 123, 126-127 5, 6 473 SE2d 582 1996.

In 2014, the Georgia Supreme Court reversed Levin’s conviction for kidnapping with bodily injury and vacated his life sentence based on the State’s failure to satisfy the asportation requirement as set forth in Garza v. State, 284 Ga. 696 670 SE2d 73 2008.2 Levin v. Morales, 295 Ga. 781 764 SE2d 145 2014. The Court also noted that the aggravated battery conviction had been merged into the kidnapping conviction and ordered, now that the kidnapping conviction has been reversed, on remand the trial court will need to revisit sentencing appellant on the conviction for aggravated battery. Id. at 784.

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