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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 10. SENTENCE AND PUNISHMENT · Article 1. PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT

17-10-9. Specification by judge imposing sentence of time from which penal sentence to run; effect of appeal.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

For effective date, see note.In force today: For effective date, see note.
  1. (a)

    In the imposition of sentence for violation of the penal laws, it shall be the duty of the judge to specify that the term of service under the sentence shall be computed from the date of sentence if the defendant is confined in jail or otherwise incarcerated and has no appeal or motion for new trial pending.#

  2. (b)

    In cases which are appealed to the Georgia Court of Appeals or the Georgia Supreme Court for reversal of the conviction, the sentence shall be computed from the date the remittitur of the appellate court is made the judgment of the court in which the conviction is had, provided the defendant is not at liberty under bond but is incarcerated or in custody of the sheriff of the county where convicted. If the defendant was at liberty under bond during the pendency of the appeal, once the remittitur of the appellate court is made the judgment of the court in which the conviction is had, the prosecuting attorney shall have the burden of notifying the defendant of the commencement of the sentence within 90 days of such remittitur. When the prosecuting attorney fails to provide such notice, the sentence shall be computed from the date of such remittitur.#

  3. (c)

    If a defendant has been convicted and sentenced but, because of his or her failure or inability to post bond or bail for any reason, he or she has been incarcerated pending the prosecution of an appeal to any court, the time of the original imposition of his or her sentence until the time when the remittitur of the appellate court is made the judgment of the court in which the conviction is had shall be counted as time spent under sentence for all purposes.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1931, p. 165, § 1; Code 1933, § 27-2505; Ga. L. 1965, p. 230, § 1; Ga. L. 2020, p. 361, § 2/HB 984.

Delayed effective date

This Code section, as set out above, becomes effective January 1, 2021. For version of this Code section as in effect until January 1, 2021, see the 2020 amendment note. The 2020 amendment, effective January 1, 2021, designated the existing provisions as subsections (a) — (c); added the last two sentences in subsection (b); and, in subsection (c), inserted ‘‘or her’’ twice and ‘‘or she’’.

Law reviews

For article discussing the constitutionality of imposing harsher sentences upon defendants found guilty in new trial after appeal, see 6 Ga. St. B.J. 183 (1969).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, pages 1153 to 1154; merge action: carried; file SHA-256 0b0d45f9c609.