Consecutive vs. Concurrent sentencing question?

sniffles5's picture

Maybe my knowledge of the law is a bit dated, but is it still true that the decision to sentence someone after a conviction to concurrent or consecutive sentence up to the judge? Or has that decision been removed from the judiciary by the legislature? I'm looking for an authorative answer here, not Limbaughesque "way things ought to be" screeds.

In the rape trial this week, I was surprised to learn that the jury was informed of the defendant's prior juvenile conviction. I was taught that that was unconstitutional back in the day.

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sniffles5's consecutive vs. concurrent sentence question
Submitted by helpful lawyer on Sun, 03/29/2009 - 11:52am.

Official Code of Georgia Annotated

Section 17-10-10: Concurrent sentences.

(a) Where at one term of court a person is convicted on more than one indictment or accusation, or on more than one count thereof, and sentenced to imprisonment, the sentences shall be served concurrently unless otherwise expressly provided therein.

(b) Where a person is convicted on more than one indictment or accusation at separate terms of court, or in different courts, and sentenced to imprisonment, the sentences shall be served concurrently, one with the other, unless otherwise expressly provided therein.

(c) This Code section shall apply alike to felony and misdemeanor offenses.

(d) This Code section shall govern and shall be followed by the Department of Corrections in the computation of time that sentences shall run.

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Thanks helpful lawyer
sniffles5's picture
Submitted by sniffles5 on Sun, 03/29/2009 - 12:00pm.

So, if I am reading this correctly, it was Judge Johnnie Caldwell who made the call to sentence Zach Huggins to 35 years of consecutive prison time instead of 20 years of concurrent prison time.


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