O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-10-60 (2019)

Applicability of article; suspended sentences

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $1,000.00 or six months’ imprisonment or both, provided the judge shall probate not less than 120 days of any sentence imposed, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance. In the event a sentence is revoked, a defendant shall not serve more than 60 days in a county jail. (b) The trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the payment of the fine, for performance of community service in lieu of a fine or incarceration, for the payment of restitution to a victim, or other condition relating to the underlying offense. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of a sentence was suspended. Service of all or any part of any sentence suspended upon such conditions may be ordered to commence by the trial court any time before the expiration of one year from the date of the sentence after a hearing and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended.

History

Code 1981, § 15-10-60, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 22, § 15; Ga. L. 1987, p. 448, § 2;

Ga. L. 1993, p. 910, § 1; Ga. L. 2000, p. 1155, § 2; Ga. L. 2003, p. 408, § 1.

Annotations

JUDICIAL DECISIONS Sentence not excessive. - Trial court’s sentence imposed on the defendant after the jury found the defendant guilty

of five ordinance violations, and which consisted of the same fine and same prison sentence for each count, was not excessive

as the sentence was within the bounds authorized under the law. Carter v. State, 259 Ga. App. 798, 578 S.E.2d 508 (2003).

Notes of Decisions
Cited in 2 cases, 2002–2003 · leading case: Smith v. Greene, 559 S.E.2d 726 (Ga. 2002).
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Smith v. Greene, 559 S.E.2d 726 (Ga. 2002). · cites it 6× “, applicable to magistrate courts, and specifically, OCGA § 15-10-61, which provides for removal for jury trial to state court upon timely demand, applies to his situation because it is a general law governing cases of alleged violations of county ordinances, and that anything…”
Carter v. State, 578 S.E.2d 508 (Ga. Ct. App. 2003). · cites it 2× “13 See OCGA § 15-10-60 (a); Fayette County, Ga. Code of Ordinances § 1-8; Morton, supra at 415-416 .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.