reglab/housing_qa huggingface dataset:
GA Code § 17-9-62 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 9 - Verdict and Judgment Generally|Article 4 - Motions in Arrest|§ 17-9-62. Defects in Pleadings or Record Aided by Verdict or Amendable Not Subject to Motion

 A judgment may not be arrested for any defect in the pleadings or record that is aided by verdict or amendable as a matter of form.   (Orig. Code 1863, § 3509; Code 1868, § 3532; Code 1873, § 3590; Code 1882, § 3590; Civil Code 1895, § 5365; Civil Code 1910, § 5960; Code 1933, § 110-705.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-12-15.   RESEARCH REFERENCES   C.J.S.   - 49 C.J.S., Judgments, §§ 54, 410.
GA Code § 17-9-63 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 9 - Verdict and Judgment Generally|Article 4 - Motions in Arrest|§ 17-9-63. Motion Not Relating to Merits of Offense Charged Not to Be Granted

 No motion in arrest of judgment shall be granted for any matter not affecting the real merits of the offense charged in the indictment or accusation.   (Laws 1833, Cobb's 1851 Digest, p. 833; Code 1863, § 4517; Code 1868, § 4536; Code 1873, § 4629; Code 1882, § 4629; Penal Code 1895, § 955; Penal Code 1910, § 980; Code 1933, § 27-1601.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 700 et seq.   C.J.S.   - 23A C.J.S., Criminal Procedure and Rights of the Accused, § 1980 et seq.   ALR.   - Appealability of order arresting judgment in criminal case, 98 A.L.R.2d 737.
GA Code § 17-10-1.3 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 1 - Procedure for Sentencing and Imposition of Punishment|§ 17-10-1.3. Factoring Into Sentencing Determinations Citizenship Status of Convict

  In determining whether to probate all or any part of any sentence of confinement in any felony, misdemeanor, or ordinance violation case, the sentencing court shall be authorized to make inquiry into whether the person to be sentenced is lawfully present in the United States under federal law.   If the court determines that the person to be sentenced is not lawfully present in the United States, the court shall be authorized to make inquiry into whether the person to be sentenced would be legally subject to deportation from the United States while serving a probated sentence.   If the court determines that the person to be sentenced would be legally subject to deportation from the United States while serving a probated sentence, the court may:   Consider the interest of the state in securing certain and complete execution of its judicial sentences in criminal and quasi-criminal cases;   Consider the likelihood that deportation may intervene to frustrate that state interest if probation is granted; and   Where appropriate, decline to probate a sentence in furtherance of the state interest in certain and complete execution of sentences.     This Code section shall apply with respect to a judicial determination as to whether to suspend all or any part of a sentence of confinement in the same manner as this Code section applies to determinations with respect to probation.     (Code 1981, §17-10-1.3, enacted by Ga. L. 2007, p. 34, § 1/SB 23; Ga. L. 2008, p. 324, § 17/SB 455.)   Editor's notes.   - Ga. L. 2007, p. 34, § 3/SB 23, not codified by the General Assembly, provides: "The General Assembly finds that this Act states factors for consideration in discretionary decision- making processes within the criminal justice system. The General Assembly finds that such factors could have been considered prior to or without the enactment of this Act. Accordingly, it is the intention of the General Assembly that this Act may be applied with respect to offenses committed prior to its effective date as well as offenses committed on or after its effective date. However, if there should be a judicial determination that retrospective application is prohibited, it is the intention of the General Assembly that retrospective application should be severable." This Act became effective May 11, 2007.   RESEARCH REFERENCES   Am. Jur. 2d.   - 3C Am. Jur. 2d, Aliens and Citizens, §§ 2580, 2581.   C.J.S.   - 3 C.J.S., Aliens, §§ 111 et seq., 146 et seq.
GA Code § 17-10-1.4 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 1 - Procedure for Sentencing and Imposition of Punishment|§ 17-10-1.4. Split Sentence

  As used in this Code section, the term "split sentence" means any felony sentence that includes a term of imprisonment followed by a term of probation.   In any case where a judge on or after July 1, 2015, sentences a defendant to a split sentence, post-incarceration supervision of the defendant shall be conducted exclusively by the Department of Community Supervision and not by the State Board of Pardons and Paroles, regardless of whether the defendant has served the full period of incarceration ordered in the sentence or has been released prior to the full period of incarceration by parole, conditional release, or other action of the State Board of Pardons and Paroles.     (Code 1981, §17-10-1.4, enacted by Ga. L. 2015, p. 422, § 5-31/HB 310.)   Editor's notes.   - Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."   Law reviews.   - For article on the 2015 enactment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
GA Code § 17-10-5 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 1 - Procedure for Sentencing and Imposition of Punishment|§ 17-10-5. Imposition of Misdemeanor Punishment for Felonies Punishable by Imprisonment for Term of Ten Years or Less

 When a defendant is found guilty of a felony punishable by imprisonment for a maximum term of ten years or less, the judge may, in his discretion, impose punishment as for a misdemeanor.   (Code 1933, § 26-3101, enacted by Ga. L. 1968, p. 1249, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Applicability of statutory restrictions on misdemeanor sentences.    - Any active sentence imposed pursuant to O.C.G.A. § 17-10-5 would necessarily fall within any statutory restrictions on misdemeanor sentences. 1982 Op. Att'y Gen. No. U82-47.    Mandatory language of former O.C.G.A. § 42-5-100(d), which governed the crediting of earned time to misdemeanants confined to county correctional facilities, applied when a felon was sentenced to confinement in a county jail as a condition of probation. 1982 Op. Att'y Gen. No. U82-47 (decided prior to 1983 amendment of § 42-5-100).   RESEARCH REFERENCES   Am. Jur. 2d.   - 21A Am. Jur. 2d, Criminal Law, § 831 et seq.
GA Code § 17-10-6 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 1 - Procedure for Sentencing and Imposition of Punishment|§ 17-10-6. Review of Sentences of Imprisonment for Period Exceeding 12 Years by Three-Judge Panel

 Reserved. Repealed by Ga. L. 2007, p. 595, § 2/HB 197, effective July 1, 2007.   Editor's notes.   - This Code section was based on Code 1933, § 27-2511.1, enacted by Ga. L. 1974, p. 352, § 8; Ga. L. 1977, p. 1098, § 6; Ga. L. 1982, p. 1271, §§ 1, 2; Ga. L. 1993, p. 705, § 1; Ga. L. 1994, p. 1959, § 10.   Ga. L. 2007, p. 595, § 5/HB 197, not codified by the General Assembly, provides that the repeal of this Code section shall apply to all trials which occur on or after July 1, 2007.
GA Code § 17-10-8.1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 1 - Procedure for Sentencing and Imposition of Punishment|§ 17-10-8.1. Fee for Legal Defense Services as Condition of Probation

 In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation.    (Code 1981, §17-10-8.1, enacted by Ga. L. 2006, p. 752, § 2/SB 503.)
GA Code § 17-10-13 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 1 - Procedure for Sentencing and Imposition of Punishment|§ 17-10-13. Legal Adjudication of Guilt in Court Having Jurisdiction to Precede Assessment of Punishment

 The punishments prescribed by this Code shall be assessed only after a legal adjudication of guilt in a court having jurisdiction.   (Penal Code 1895, § 20; Penal Code 1910, § 20; Code 1933, § 27-2509.)   Law reviews.   - For article on the effect of nolo contendere plea on conviction, see 13 Ga. L. Rev. 723 (1979). For annual survey of death penalty decisions, see 57 Mercer L. Rev. 139 (2005); 58 Mercer L. Rev. 111 (2006).   JUDICIAL DECISIONS    Former Code 1933, §§ 89-9907 and 89-9908 (see O.C.G.A. § 45-11-4), dealing with malpractice in office, must be construed with former Code 1933, § 27-2509 (see O.C.G.A. § 17-10-13). When thus construed, former Code 1933, §§ 89-9907 and 89-9908 meant that any of the officers charged with the offense therein named shall, upon a legal conviction in a court having jurisdiction, be punished as for a misdemeanor and removed from office. Cargile v. State, 67 Ga. App. 610, 21 S.E.2d 326 (1942).    Former Code 1933, §§ 89-9907 and 89-9908 (see O.C.G.A. § 45-11-4) meant that former Code 1933, § 27-2509 (see O.C.G.A. § 17-10-13) was made sufficiently definite to meet the requirements of a valid penal law when construed with other provisions of the code. Cargile v. State, 67 Ga. App. 610, 21 S.E.2d 326 (1942).    Cited in Cargile v. State, 194 Ga. 20, 20 S.E.2d 416 (1942); Jackson v. Houston, 200 Ga. 399, 37 S.E.2d 399 (1946); DeFrancis v. Manning, 246 Ga. 307, 271 S.E.2d 209 (1980).   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 467 et seq., 478 et seq. 21A Am. Jur. 2d, Criminal Law, § 831 et seq.   ALR.   - Guilty plea as affected by fact that sentence contemplated by plea bargain is subsequently determined to be illegal or unauthorized, 87 A.L.R.4th 384.
GA Code § 17-10-16.1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 1 - Procedure for Sentencing and Imposition of Punishment|§ 17-10-16.1. Seeking Death Penalty Not Prerequisite to Life Without Parole Sentence

 A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state.    (Code 1981, §17-10-16.1, enacted by Ga. L. 2011, p. 752, § 17/HB 142.)   Editor's notes.   - This Code section is reflective of uncodified provisions from Ga. L. 2009, p. 223, § 10.   JUDICIAL DECISIONS    State was permitted to seek a sentence of life without parole since the murder occurred one year after the law was changed to permit such a sentence. Heywood v. State, 292 Ga. 771, 743 S.E.2d 12 (2013).
GA Code § 17-10-18 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 1 - Procedure for Sentencing and Imposition of Punishment|§ 17-10-18. Notification to Seek Enhanced Penalty

 At any time after the filing of an indictment or accusation but not later than the arraignment, the state shall notify the defendant of its intention to seek the enhanced penalty or penalties authorized by Code Section 17-10-17. The notice shall be in writing and shall allege the specific factor or factors authorizing an enhanced sentence in the case pursuant to Code Section 17-10-17.    (Code 1981, §17-10-18, enacted by Ga. L. 2000, p. 224, § 1.)   Editor's notes.   - Ga. L. 2000, p. 224, § 2, not codified by the General Assembly, provided in part that this Code section is applicable to offenses committed on or after July 1, 2000.
GA Code § 17-10-19 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 1 - Procedure for Sentencing and Imposition of Punishment|§ 17-10-19. Determination of Defendant's Guilt; Object of the Offense; Enhancement of Sentence

  In a case where notice has been given pursuant to Code Section 17-10-18, the trier of fact shall initially determine the defendant's guilt on the charge or charges. If the trier of fact finds the defendant guilty of such charge or charges, the trial shall immediately be recommenced to receive evidence as is relevant to determine whether the defendant intentionally selected the victim or the property of the victim as the object of the offense as set forth in the notice given pursuant to Code Section 17-10-18.   If the trier of fact determines beyond a reasonable doubt that the defendant so acted, the judge shall enhance the sentence imposed in accordance with the provisions of Code Section 17-10-17.     (Code 1981, §17-10-19, enacted by Ga. L. 2000, p. 224, § 1.)   Editor's notes.   - Ga. L. 2000, p. 224, § 2, not codified by the General Assembly, provided in part that this Code section is applicable to offenses committed on or after July 1, 2000.
GA Code § 17-10-30.1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-30.1. Imprisonment for Life Without Parole; Finding of Statutory Aggravating Circumstance Required; Duties of Judge and Jury

 Repealed by Ga. L. 2009, p. 223, § 4/SB 13, effective April 29, 2009.   Editor's notes.   - This Code section was based on Code 1981, § 17-10-30.1, enacted by Ga. L. 1993, p. 1654, § 4.   Ga. L. 2009, p. 223, § 8/SB 13, not codified by the General Assembly, provides that: "Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after the effective date of this Act. With express written consent of the state, an accused whose offense was committed prior to the effective date of this Act may elect in writing to be sentenced under the provisions of this Act, provided that: (1) jeopardy for the offense charged has not attached or (2) the accused has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking prosecution after the remand." This Act became effective April 29, 2009.   Ga. L. 2009, p. 223, § 9/SB 13, not codified by the General Assembly, provides that: "Except as provided in Section 8 of this Act, the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to the effective date of this Act."   Ga. L. 2009, p. 223, § 10/SB 13, not codified by the General Assembly, provides that: "A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state." Ga. L. 2011, p. 752, § 17(3)/HB 142 codified these provisions at Code Section 17-10-16.1.   Ga. L. 2009, p. 223, § 11(a)/SB 13, not codified by the General Assembly, provides that the law as set forth in this Code section as it existed prior to April 29, 2009, shall apply to all offenses committed on and before April 29, 2009, and the amendments by this Act shall apply to all crimes committed on and after April 29, 2009.   Ga. L. 2009, p. 223, § 11(b)/SB 13, not codified by the General Assembly, provides that: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."
GA Code § 17-10-31.1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-31.1. Requirement of Jury Finding of Aggravating Circumstance and Recommendation of Sentence of Death or Life Without Parole; Duties of Judge; Jury Instruction on Meaning of "Life Without Parole" and "Life imprisonment."

 Repealed by Ga. L. 2009, p. 223, § 6/SB 13, effective April 29, 2009.   Editor's notes.   - This Code section was based on Code 1981, § 17-10-31.1, enacted by Ga. L. 1993, p. 1654, § 5.   Ga. L. 2009, p. 223, § 8/SB 13, not codified by the General Assembly, provides that: "Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after the effective date of this Act. With express written consent of the state, an accused whose offense was committed prior to the effective date of this Act may elect in writing to be sentenced under the provisions of this Act, provided that: (1) jeopardy for the offense charged has not attached or (2) the accused has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking prosecution after the remand." This Act became effective April 29, 2009.   Ga. L. 2009, p. 223, § 9/SB 13, not codified by the General Assembly, provides that: "Except as provided in Section 8 of this Act, the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to the effective date of this Act."   Ga. L. 2009, p. 223, § 10/SB 13, not codified by the General Assembly, provides that: "A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state." Ga. L. 2011, p. 752, § 17(3) codified these provisions at Code Section 17-10-16.1.   Ga. L. 2009, p. 223, § 11(a)/SB 13, not codified by the General Assembly, provides, in part, that the law as set forth in Section 4 of this Act as it existed prior to April 29, 2009, shall apply to all offenses committed on and before April 29, 2009.   Ga. L. 2009, p. 223, § 11(b)/SB 13, not codified by the General Assembly, provides that: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."   RESEARCH REFERENCES   ALR.   - Validity, construction, and application of pattern and nonpattern jury instructions in state death penalty proceedings, 83 A.L.R.6th 255.
GA Code § 17-10-32.1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-32.1. Sentencing of Person Subject to Death Penalty or Life Without Parole Upon Plea of Guilty; Duties of Judge

 Repealed by Ga. L. 2009, p. 223, § 7/SB 13, effective April 29, 2009.   Editor's notes.   - This Code section was based on Code 1981, § 17-10-32.1, enacted by Ga. L. 1993, p. 1654, § 6.   Ga. L. 2009, p. 223, § 8/SB 13, not codified by the General Assembly, provides that: "Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after the effective date of this Act. With express written consent of the state, an accused whose offense was committed prior to the effective date of this Act may elect in writing to be sentenced under the provisions of this Act, provided that: (1) jeopardy for the offense charged has not attached or (2) the accused has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking prosecution after the remand." This Act became effective April 29, 2009.   Ga. L. 2009, p. 223, § 9/SB 13, not codified by the General Assembly, provides that: "Except as provided in Section 8 of this Act, the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to the effective date of this Act."   Ga. L. 2009, p. 223, § 10/SB 13, not codified by the General Assembly, provides that: "A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state." Ga. L. 2011, p. 752, § 17(3)/HB 142 codified these provisions at Code Section 17-10-16.1.   Ga. L. 2009, p. 223, § 11(a)/SB 13, not codified by the General Assembly, provides that the law as set forth in this Code section as it existed prior to April 29, 2009, shall apply to all offenses committed on and before April 29, 2009, and the amendment by this Act shall apply to all crimes committed on and after April 29, 2009.   Ga. L. 2009, p. 223, § 11(b)/SB 13, not codified by the General Assembly, provides that: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."
GA Code § 17-10-34 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-34. Sentence to Specify Time Period for and Place of Execution; Appointing Time Period for Execution of Pregnant Female

 When a person is sentenced to the punishment of death, the court shall specify the time period for the execution in the sentence. The time period for the execution fixed by the court shall be seven days in duration and shall commence at noon on a specified date and shall end at noon on a specified date. The time period shall commence not less than 20 days nor more than 60 days from the date of sentencing. However, if the person is a female who is pregnant at the time of sentencing, the court shall appoint a time period for execution after the female is no longer pregnant.   (Laws 1833, Cobb's 1851 Digest, p. 840; Code 1863, § 4555; Code 1868, § 4575; Code 1873, § 4669; Code 1882, § 4669; Penal Code 1895, § 1044; Penal Code 1910, § 1070; Code 1933, § 27-2519; Ga. L. 1985, p. 1463, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Authority of court.   - Courts may only exercise those powers which are expressly delegated to the courts in setting time or place for execution. 1980 Op. Att'y Gen. No. 80-86.   Fixing new date for execution when original date passed.   - If the date for the execution of a convict in a capital case has passed for any reason, the judge has the power to set a new date for the execution of the original sentence, but the Department of Offender Rehabilitation (now Department of Corrections) is not bound by further, more specific time limitations which such court might impose and the department may exercise broad discretion in establishing the specific hour of execution on the date specified. 1980 Op. Att'y Gen. No. 80-86.   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 718 et seq.   C.J.S.   - 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2420 et seq.   ALR.    - Effect of permitting day fixed for execution to pass without carrying out sentence, 34 A.L.R. 314.
GA Code § 17-10-35.2 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 2 - Death Penalty Generally|§ 17-10-35.2. Hearing to Determine Appropriateness of Interim Appellate Review of Pretrial Rulings

 Prior to the filing of a report by the trial judge under Code Section 17-10-35.1 certifying that pretrial proceedings are complete, the court shall conduct a hearing to determine if an interim appellate review of pretrial rulings is appropriate. The court shall hear from the state and the defense as to whether the delay to be caused by interim appellate review outweighs the need for such review. The court shall order such review and initiate the procedure contained in Code Section 17-10-35.1 unless the court concludes and enters an order to the effect that interim appellate review would not serve the ends of justice in the case. An order obviating interim appellate review shall not be appealable.    (Code 1981, §17-10-35.2, enacted by Ga. L. 1988, p. 1437, § 4.)   Cross references.   - Issues for review, Ga. S. Ct. R. 37.   JUDICIAL DECISIONS    Cited in Caldwell v. State, 260 Ga. 278, 393 S.E.2d 436 (1990); Ellington v. State, 292 Ga. 109, 735 S.E.2d 736 (2012), overruled in part by Willis v. State, 304 Ga. 686, 820 S.E.2d 640 (2018).