How Does “Recidivist” Sentencing in Georgia Work?

A felony conviction in Georgia always carries the possibility of significant jail time. This is especially true if you have any prior felony convictions on your record, because Georgia’s “recidivist sentencing” laws apply to any subsequent convictions. Basically, the recidivist sentencing law provides that if you have a prior felony conviction, you must receive the maximum sentence required by Georgia law for a subsequent felony conviction. The judge may, however, still suspend or probate part of your sentence, unless the specific felony statute involved provides otherwise.
Georgia Man Faces 30-Year Sentence for Meth Trafficking
A recent Georgia Court of Appeals decision, State v. Roundtree, illustrates how the recidivist sentencing law works in practice. In this case, the defendant pleaded guilty to two felony charges: trafficking in methamphetamine and possession of a firearm by a convicted felon. The meth trafficking charge was the more serious crime, as it carried a maximum sentence of 30 years in prison.
The defendant was subject to the recidivist sentencing law because he had a prior felony conviction in 2009. At sentencing, the defendant argued the drug trafficking law he violated did not contain any restriction on the judge’s ability to suspend or probate part of his sentence. The defendant therefore asked for a sentence of 25 years, with 15 years in prison followed by 10 years on probation. The judge agreed and imposed the sentence accordingly.
The prosecution then appealed that decision. The state argued the sentence was “void” as a matter of law because the recidivist sentencing required a 30-year prison sentence with no portion subject to suspension or probation. The Court of Appeals disagreed that the sentence was void. The drug trafficking statute barred the trial court from reducing the maximum sentence. But it was “silent” on whether part of the maximum sentence could be served on probation.
That said, the trial court did deviate from the law in imposing a total sentence of 25 years. As previously noted, the statute requires a maximum sentence of 30 years. The Court of Appeals therefore returned the case to the trial judge for a new sentencing hearing. The trial judge can still probate part of the defendant’s final sentence, but the combination of jail time and probation must add up to 30 years.
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It should be noted that Georgia’s recidivist sentencing laws also contain a “three strikes” provision. In simple terms, if you have three prior felony convictions and are later convicted of a fourth felony, then you must serve the maximum prison time for the fourth offense. The judge cannot reduce or probate the maximum sentence in any way.
If you are facing serious felony charges, it is critical to work with a qualified Atlanta drug crimes lawyer who will zealously defend your interests in court. Call The Spizman Firm Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
scholar.google.com/scholar_case?case=12699779462585172347