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Pardon v. State

The trial court improperly sentenced the defendant as a recidivist, since the prior crimes for which he was charged and convicted could only be deemed as one conviction pursuant to O.C.G.A. § 17-10-7 subsection d.

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After a jury trial at which Anthony James Pardon proceeded pro se, Pardon was convicted of two counts of failure of a registered sex offender to report a change in residence prior to moving,1 two counts of first degree forgery,2 and a recidivist charge.3 Pursuant to OCGA § 17-10-7 a, the trial court sentenced Pardon as a recidivist to 30 years, 10 to serve in prison. The trial court denied his motion for new trial, and Pardon appeals, arguing that 1 he did not knowingly and voluntarily waive his right to counsel; 2 the evidence was insufficient to support his convictions; and 3 the trial court erred by sentencing him as a recidivist. For the reasons that follow, we affirm in part, reverse in part, and remand for resentencing.

Viewed in favor of the verdict, the evidence at trial showed that Pardon was indicted in 1981 for aggravated robbery, attempted murder, aggravated assault, and rape, and on May 4, 1982, he pleaded guilty to and was convicted of those charges.4 On November 21, 2006, after his release from prison for the 1982 conviction, Pardon reported to Detective Terry Wassmuth of the Franklin County, Ohio Sheriff’s Department at which meeting Wassmuth reviewed with Pardon the terms and conditions of sex-offender registration as well as Pardon’s future registration obligations. At that meeting, Pardon registered under the name of “Anthony James Pardon.” Pardon did not report to any Ohio agency to re-register 90 days thereafter as he was required to do. Sometime in late 2006 or early 2007, Pardon moved to Georgia.

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