GA Code § 17-10-10 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 10 - Sentence and Punishment|Article 1 - Procedure for Sentencing and Imposition of Punishment|§ 17-10-10. Concurrent Sentences

  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.   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.   This Code section shall apply alike to felony and misdemeanor offenses.   This Code section shall govern and shall be followed by the Department of Corrections in the computation of time that sentences shall run.    (Laws 1833, Cobb's 1851 Digest, p. 836; Code 1863, § 4539; Code 1868, § 4559; Code 1873, § 4653; Code 1882, § 4653; Penal Code 1895, § 1041; Penal Code 1910, § 1067; Code 1933, § 27-2510; Ga. L. 1956, p. 161, § 3; Ga. L. 1964, p. 494, §§ 1, 2; Ga. L. 1985, p. 283, § 1.)   Law reviews.   - For article, "A Review of Georgia's Probation Laws," see 6 Ga. St. B.J. 255 (1970).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Separate Terms or DifferentCourts    OPINIONS OF THE ATTORNEY GENERAL   Interpretation of declaration that sentence is to be "computed from this date."   - A new sentence declaring that it is to be "computed from this date," received by a prisoner having one or more outstanding sentences, is consecutive. Statements such as "to be computed from this date," standing alone, are not sufficient to overcome the presumptive rule of construction created by this section. 1958-59 Op. Att'y Gen. p. 260.   Effect of imposing additional consecutive sentence when part of current sentence remains.   - Since ambiguity in a criminal sentence is to be construed in favor of a defendant, if a defendant is sentenced to six one-year sentences to be served consecutively, and while serving the third of these one-year sentences escapes and is, upon apprehension, given a three-year sentence to be served consecutively to the "sentence now being served," the third one-year sentence is the one "then" being served and is the proper sentence to use for computational purposes; therefore, the three-year escape sentence will be served concurrently with the last three one-year sentences. 1973 Op. Att'y Gen. No. 73-42.   Applicability.   - This section, which provided that unless otherwise stated, sentences from different courts or different terms of court shall be served concurrently, applies only to sentences from courts of this state. 1973 Op. Att'y Gen. No. 73-148.   Affirmed consecutive sentences not amendable to run concurrently.   - Sentences imposed to be served consecutively may not, after affirmance on appeal beyond the expiration of the term, be amended so as to run concurrently. 1945-47 Op. Att'y Gen. p. 115.   Payment of fine as probating sentence.   - If a prisoner is sentenced to two consecutive sentences or fines, then the payment of the fine in one sentence will probate that sentence, after which the second sentence would be in force and the prisoner detained unless the fine was paid. 1962 Op. Att'y Gen. p. 119.   Transfer of inmate for treatment of mental disease.   - State Board of Corrections (now Board of Offender Rehabilitation) can transfer an inmate to a facility of the Department of Human Resources for treatment as a mentally diseased inmate. If the inmate is declared sane prior to completion of the inmate's existing sentence, the inmate can be returned to stand trial for outstanding charges. 1970 Op. Att'y Gen. No. 70-72.   Commitment to mental institution does not breach service of sentence.   - This section did not enable a subsequent order of committal to a state mental institution to breach the service of an existing sentence. To allow otherwise would deprive the inmate of the opportunity to complete service of the inmate's existing sentence until the inmate was again returned to the custody of the State Board of Corrections (now Board of Offender Rehabilitation). 1970 Op. Att'y Gen. No. 70-72.    During period when both sentence and commitment are operative, terms of subsequent criminal sentence govern.  1975 Op. Att'y Gen. No. 75-20.   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 706 et seq. 21A Am. Jur. 2d, Criminal Law, § 806 et seq.   C.J.S.   - 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2397 et seq.   ALR.    - When sentences imposed by same court run concurrently or consecutively; and definiteness of direction with respect thereto, 70 A.L.R. 1511.    Are sentences on different counts to be regarded as for a single term or for separate terms as regards pardon, parole, probation, suspension, or commutation, 107 A.L.R. 634.   Sentences by different courts as concurrent, 57 A.L.R.2d 1410.   Effect of invalidation of sentence upon separate sentence which runs consecutively, 68 A.L.R.2d 712.   Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.   Propriety of general sentence covering several counts in information or indictment not exceeding in aggregate the sentences which might have been imposed cumulatively under the several counts, 91 A.L.R.2d 511.   Right to credit on state sentence for time served under sentence of court of separate jurisdiction where state court fails to specify in that regard, 90 A.L.R.3d 408.   Loss of jurisdiction by delay in imposing sentence, 98 A.L.R.3d 605.   Validity, construction, and application of concurrent-sentence doctrine - state cases, 56 A.L.R.5th 385.   Construction and application of U.S.S.G. § 5g1.3(b), requiring federal sentence to run concurrently to undischarged state sentence when state sentence has been fully taken into account in determining offense level for federal offense - particular events preceding federal sentence and sentencing credit, 32 A.L.R. Fed. 2d 191.