State v. Hendrixson, 310 S.E.2d 526 (Ga. 1984). · Go Syfert
State v. Hendrixson, 310 S.E.2d 526 (Ga. 1984). Cases Citing This Book View Copy Cite
107 citation events (13 in the last 25 years) across 2 distinct courts.
Strongest positive: Ricky Martin v. State (gactapp, 2019-01-09)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (rule) Ricky Martin v. State
Ga. Ct. App. · 2019 · confidence medium
That decision “arose during the short life of a two-step felony sentencing procedure . . . wherein the jury first determined guilt, and then heard matters in aggravation or mitigation, prior to imposing sentence.” State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) (1984) (discussing Black sub. nom Riggins v. Stynchombe).
discussed Cited as authority (rule) White v. State
Ga. Ct. App. · 2003 · confidence medium
Motion for reconsideration denied. 1 The State also charged White with forgery in the second degree, but the jury acquitted her of that offense. 2 See Gay v. State, 258 Ga. App. 854 ( 575 SE2d 740 ) (2002). 3 208 Ga. App. 777 ( 432 SE2d 555 ) (1993). 4 182 Ga. App. 179 ( 355 SE2d 109 ) (1987). 5 See Wainwright, supra at 778-779 (2) (a); Favors, supra at 179 . 6 (Punctuation omitted.) Wainwright, supra. See also Darty v. State, 188 Ga. App. 447 ( 373 SE2d 389 ) (1988). 7 See State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) (1984); Wainwright, supra at 779 . 8 Favors, supra. 9 Gary v. Stat…
discussed Cited as authority (rule) Mikell v. State
Ga. Ct. App. · 1998 · confidence medium
State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) (1984); Wainwright v. State, 208 Ga. App. 777, 779-780 (2) (a) ( 432 SE2d 555 ) (1993); Anderson v. State, 199 Ga. App. 559, 560-561 (3) ( 405 SE2d 558 ) (1991). 4.
cited Cited as authority (rule) Stephens v. State
Ga. · 1995 · confidence medium
See Mays v. State, 262 Ga. 90, 91-92 ( 414 SE2d 481 ) (1992); State v. Hendrixson, 251 Ga. 853, 854-855 ( 310 SE2d 526 ) (1984); OCGA § 17-10-2.
discussed Cited as authority (rule) Armstrong v. State
Ga. Ct. App. · 1993 · confidence medium
This phrase originated in State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) which held that a prior drug conviction need not be set out in the indictment to authorize the maximum life sentence under § 16-13-30 (d).
examined Cited as authority (rule) Hailey v. State (4×)
Ga. · 1993 · confidence medium
Both State v. Hendrixson, 251 Ga. 853, 854-855 ( 310 SE2d 526 ) (1984), and State v. Sears, 202 Ga. App. 352, 354-355 ( 414 SE2d 494 ) (1991), interpreted § 16-13-30 (d) to mean that the conviction of a defendant for a first offense does not have to precede the commission of the “second or subsequent offense,” § 16-13-30 (d). 2 Hailey acknowledges the holdings of Hendrixson and Sears , but contends that our recent case of Mays v. State, 262 Ga. 90, 91 (1) (a) ( 414 SE2d 481 ) (1992), supports his position.
discussed Cited as authority (rule) Mays v. State
Ga. · 1992 · confidence medium
As this court recognized in State v. Hendrixson, 251 Ga. 853, 854-855 ( 310 SE2d 526 ) (1984), OCGA § 17-10-2 (a) prohibits a trial court from considering anything in aggravation that the state has not informed the defendant, prior to trial, it will offer as evidence in aggravation of punishment during the sentencing phase of trial.
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 1991 · confidence medium
This Code subsection “falls within the category of other legislative directions as to punishment, such as mandatory minimum terms of imprisonment for subsequent armed robberies (OCGA § 16-8-41 (Code Ann. § 26-1902)) and burglaries (OCGA § 16-7-1 (Code Ann. § 26-1601)).” State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ).
discussed Cited as authority (rule) State v. Sears (2×)
Ga. Ct. App. · 1991 · confidence medium
State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) (1984).
discussed Cited as authority (rule) Rucks v. State
Ga. Ct. App. · 1991 · confidence medium
While the statute provides for life imprisonment “ ‘[u]pon conviction of a second or subsequent offense,’ ” it has been held that there is “no statutory prerequisite as to a conviction which antedates the offense for which the accused is sentenced.” State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) (1984).
discussed Cited as authority (rule) Rhodes v. State
Ga. Ct. App. · 1991 · confidence medium
Because it is error to disclose to the jury prior convictions before a determination of guilt, “the only purpose for their inclusion in the indictment is to give to the accused unmistakable advance warning that the prior convictions will be used against him at sentencing.” State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) (1984). “[I]t is not required that the prior convictions be included in the indictment but only that the accused receive notice of the state’s intention to seek recidivist punishment and of the identity of the prior convictions.” Favors v. State, 182 Ga. App. 1…
discussed Cited as authority (rule) Anderson v. State
Ga. Ct. App. · 1991 · confidence medium
The Supreme Court established in State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ), “that the only purpose for inclusion of prior offenses in an indictment ‘is to give to the accused unmistakable advance warning that the prior convictions will be used against him at sentencing.’ The trial court in sentencing cannot consider prior offenses unless the same was made known to defendant prior to trial (id. pp. 854-855); notice to defendant of intent to prosecute as a recidivist performs the function of any such notice in an indictment.
discussed Cited as authority (rule) State v. Marshall
Ga. Ct. App. · 1990 · confidence medium
Upon conviction of a second or subsequent offense, he shall be imprisoned for life.” The State relies upon State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) (1984), which held that there being no statutory prerequisite of a conviction which antedates the offense for which the accused is sentenced, this language “is merely a direction as to the imposition of punishment under specified aggravated circumstances and does not create a separate and independent offense which must be alleged in an indictment.” Taylor v. State, 186 Ga. App. 113 (3) ( 366 SE2d 422 ) (1988).
examined Cited as authority (rule) Darty v. State (6×) also: Cited "see"
Ga. Ct. App. · 1988 · confidence medium
State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) (1984).
discussed Cited as authority (rule) Taylor v. State (2×)
Ga. Ct. App. · 1988 · confidence medium
State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) (1984).
discussed Cited as authority (rule) State v. Terry
Ga. · 1987 · confidence medium
See Childs v. State, 257 Ga. 243 (24a) ( 357 SE2d 48 ) (1987); State v. Hendrixson, 251 Ga. 853, 855 ( 310 SE2d 526 ) (1984); Gates v. State, 244 Ga. 587, 595 (4) ( 261 SE2d 349 ) (1979); Cobb v. State, 244 Ga. 344, 354 (20b) ( 260 SE2d 60 ) (1979).
examined Cited as authority (rule) Favors v. State (4×)
Ga. Ct. App. · 1987 · signal: cf. · confidence medium
Cf. State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ) (1984).
discussed Cited as authority (rule) Anderson v. State
Ga. Ct. App. · 1985 · confidence medium
However, under State v. Hendrixson, 251 Ga. 853, 854 ( 310 SE2d 526 ), it was said that the only purpose for inclusion of prior offenses in an indictment “is to give to the accused unmistakable advance warning that the prior convictions will be used against him at sentencing.” The trial court in sentencing cannot consider prior offenses unless the same was made known to defendant prior to trial (id. pp. 854-855); notice to defendant of intent to prosecute as a recidivist performs the function of any such notice in an indictment.
examined Cited "see" NORDAHL v. the STATE. (4×)
Ga. Ct. App. · 2018 · signal: see · confidence high
VI ("In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."). 8 Almendarez-Torres , 523 U.S. at 247 (III), 118 S.Ct. 1219 . 9 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (…
discussed Cited "see" Nation v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
Smith, P. J., and Barnes, J., concur. 1 Tate v. State, 230 Ga. App. 186, 188 (2) ( 495 SE2d 658 ) (1998). 2 (Citation omitted.) Jones v. State, 236 Ga. App. 330, 332 (1) (b) ( 511 SE2d 883 ) (1999). 3 Williams v. State, 251 Ga. 749, 784 (4) ( 312 SE2d 40 ) (1984). 4 Wells v. State, 237 Ga. App. 109, 113 (4) ( 514 SE2d 245 ) (1999). 5 (Footnote omitted.) Evans v. State, 235 Ga. App. 577, 581 (3) ( 510 SE2d 313 ) (1998). 6 See Tate, supra. 7 Henderson v. State, 211 Ga. App. 102, 103 (2) ( 438 SE2d 181 ) (1993). 8 (Footnote omitted.) Scandrett v. State, 244 Ga. App. 200, 201 ( 534 SE2d 908 ) (200…
discussed Cited "see" State v. Phillips (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See State v. Hendrixson, 251 Ga. 853 ( 310 SE2d 526 ) (1984).
discussed Cited "see" Moss v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See State v. Hendrixson, 251 Ga. 853 ( 310 SE2d 526 ) (1984).
cited Cited "see, e.g." Martin v. State
Ga. Ct. App. · 2019 · signal: see also · confidence low
See also Hendrixson , supra at 853-855 , 310 S.E.2d 526 ; Mitchell v. State , 202 Ga. App. 100 , 100-101 (1), 413 S.E.2d 517 (1991).
discussed Cited "see, e.g." Royster v. State (2×)
Ga. Ct. App. · 1997 · signal: compare · confidence low
Further, “[i]n our system of criminal justice it is elementary that an accused should be tried only for the particular offense with which he is charged.” Black v. Caldwell, 231 Ga. 589, 591 ( 203 SE2d 208 ) (1974); compare State v. Hendrixson, 251 Ga. 853 ( 310 SE2d 526 ) (1984). “ ‘(A)n accused cannot receive a sentence greater than that prescribed by law for the crime for which he was indicted and convicted.’ ” Pruitt v. State, 135 Ga. App. 677, 681 ( 218 SE2d 679 ) (1975); Black, supra at 592-593 .
Retrieving the full opinion text from the archive…
The State
v.
Hendrixson
40200.
Supreme Court of Georgia.
Jan 5, 1984.
310 S.E.2d 526
Michael H. Crawford, Assistant District Attorney, for appellant., Timothy P. Healy, for appellee.
Weltner.
Cited by 46 opinions  |  Published
Weltner, Justice.

Hendrixson was arrested on two occasions for separate sales of cocaine, a controlled substance. She was convicted and sentenced to 15 years imprisonment for the offenses culminating in the first arrest. Thereafter, she was tried and convicted for the second series of offenses. The second conviction resulted in a sentence of imprisonment for life, under the provisions of OCGA § 16-13-30 (d) (Code Ann. § 79A-811).

On appeal, the Court of Appeals vacated the life sentence on the ground that the prior offenses were not set out in the indictment, relying upon Riggins v. Stynchcombe, 231 Ga. 589, 592-593 (203 SE2d 208) (1974), as follows: “For one to receive recidivist punishment he must have been indicted under a recidivist statute, his prior convictions having been considered by the Grand Jury and having been included in the indictment.” Hendrixson v. State, 167 Ga. App.[*854] 516, 517 (306 SE2d 349) (1983).

We granted certiorari to consider whether or not the rule in Riggins, supra, should be applied to sentencing pursuant to OCGA § 16-13-30 (d) (Code Ann. § 79A-811), which provides: “Upon conviction of a second or subsequent offense, he shall be imprisoned for life.”

At the outset, it must be noted that Riggins arose during the short life of a two-step felony sentencing procedure created by former Code Ann. § 26-1813 (b), (Ga. L. 1969, pp. 857, 863) wherein the jury first determined guilt, and then heard matters in aggravation or mitigation, prior to imposing sentence. That procedure was supplied by Ga. L. 1974, p. 352, providing for sentencing by the presiding judge, except in death penalty cases. OCGA § 17-10-2 (Code Ann. § 27-2503).

The question remains, then, as to the import of the language of OCGA § 16-13-30 (d) (Code Ann. § 79A-811), “Upon conviction of a second or subsequent offense, he shall be imprisoned for life.” Is this language sufficient to create a separate and independent offense, and thus require an allegation relative to the earlier offense in the indictment? Or is it merely a direction as to the imposition of punishment under specified aggravated circumstances?

We hold it as the latter, there being no statutory prerequisite as to a conviction which antedates the offense for which the accused is sentenced. Thus it falls within the category of other legislative directions as to punishment, such as mandatory minimum terms of imprisonment for subsequent armed robberies (OCGA § 16-8-41 (Code Ann. § 26-1902)) and burglaries (OCGA § 16-7-1 (Code Ann. § 26-1601)).

Because Riggins stands for the proposition that it is error to disclose to the jury prior convictions before a determination of guilt, (231 Ga. at 592) the only purpose for their inclusion in the indictment is to give to the accused unmistakable advance warning that the prior convictions will be used against him at sentencing. (“But is it sufficient to indict an accused for one offense, convict him of the one offense charged, and then impose punishment at the second phase of the trial pursuant to recidivist statutes which permit maximum punishment greater than the maximum punishment for the individual offense for which the accused was indicted and convicted?” 231 Ga. at 592.

The substance of this caveat is avoided, however, in a manner different from inclusion of prior offenses within an indictment by the 1974 Act, OCGA § 17-10-2 (a) (Code Ann. § 27-2503), which provides: “In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including[*855] the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas, provided that only such evidence in aggravation as the state has made known to the defendant prior to his trial shall be admissible.” (Emphasis supplied.)

Decided January 5, 1984. Michael H. Crawford, Assistant District Attorney, for appellant. Timothy P. Healy, for appellee.

We note that we have reached a similar result in a case involving the imposition of the death penalty, Stephens v. Hopper, 241 Ga. 596 (247 SE2d 92) (1978). There, the sentence was imposed upon former Code Ann. § 27-2534.1 (b)(1) [OCGA § 17-10-30 (b)(1)], specifying as an aggravating circumstance the commission of the offense of “murder ... by a person with a prior record of conviction for a capital felony. . . .” The defendant in that case argued that, because at the time of the murder for which he was sentenced to death he had no conviction for a capital felony, the section was inapplicable. In rejecting this contention, we noted: “This argument raises the question whether, in deciding if the appellant has ‘a prior record of conviction for a capital felony’ the jury should consider his record as of the moment of the crime or as of the time of sentencing. We conclude the latter was intended by the legislature, and at the time of his sentencing Stephens’ jury could correctly find that he had such a record. To conclude otherwise would produce the intolerable result that an offender with no prior record could commit numerous separate murders one after the other before being apprehended, and then, at the trials for those murders, could never receive death under this aggravating circumstance even though convicted of each and every one of the murders.”

It follows that the life sentence imposed in the present case is lawful, as the evidence reflects compliance by the state with the requirement of OCGA § 17-10-2 (a) (Code Ann. § 27-2503). Anything to the contrary in Johnson v. Hopper, 238 Ga. 670 (235 SE2d 27) (1977), relying apparently upon Riggins (sub nom. Black v. Caldwell, 231 Ga. 589 (203 SE2d 208) (1974)), is disapproved.

Judgment reversed.

All the Justices concur.