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Pearce v. State

O.C.G.A. § 17-10-2 does not preclude the trial court from considering a defendant's relevant criminal conduct where the state had no knowledge of such conduct until just prior to his sentencing hearing.

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Following his conviction by a jury of child molestation, LaMorris D. Pearce appeals the denial of his motions for new trial as to sentence alone and for modification of sentence, arguing that the trial court erred in 1 admitting evidence in aggravation during his sentencing hearing without notice being given by the State as required by OCGA § 17-10-2 a and 2 denying him his constitutional right to confront the witnesses against him. For the reasons set forth below, we affirm.

After jury deliberation had already begun, a special agent with the Georgia Bureau of Investigation who had been involved in the case was approached by a person who reported that several women who worked with Pearce had complained that Pearce had exposed himself and masturbated in their presence. The special agent then informed the sheriff, the district attorney, and Pearce’s attorney that there were two potential witnesses to inappropriate sexual behavior on Pearce’s part. He was told by the district attorney to locate and talk with the women. The special agent was unable to speak with the women, but had both subpoenaed at the plant at which they worked so that they could testify at the sentencing hearing. The GBI agent spoke with each of them for the first time shortly before the hearing began.

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