O.C.G.A.
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.
A person may be convicted of the offense of conspiracy to commit a crime, as defined in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursuance of the conspiracy, but such person may not be convicted of both conspiracy to commit a crime and the completed crime.
History
Code 1981, § 16-4-8.1, enacted by Ga. L. 1996, p. 679, § 1.
Annotations
JUDICIAL DECISIONS Evidence sufficient for conviction. - Sufficient evidence supported the appellant’s conviction for a conspiracy offense that served as a predicate for conviction for violation of the Georgia Street Gang Terrorism and Prevention Act, O.C.G.A. § 16-15-1 et seq., based on the appellant’s rank in the gang, statements to fellow gang members about killing violators of gang rules, communications with gang members who were critical of the victim, coupled with statements that somebody’s got to die, and the appellant’s trip to meet with gang members about the victim. Chavers v. State, 304 Ga. 887, 823 S.E.2d 283 (2019).
Jury instructions. - O.C.G.A. § 16-4-8.1 does not address a trial court’s obligation to give requested jury charges; since the evidence was undisputed that the conspirators to a scheme to rob for drugs came into possession of drugs, if the jury found that the defendant was a member of that conspiracy, then the defendant was also guilty of the completed crime pursuant to O.C.G.A. § 16-2-20, and the trial court’s omission to charge on conspiracy was proper. Garcia v. State, 279 Ga. App. 75, 630 S.E.2d 596 (2006). Cited in Willard v. State, 244 Ga. App. 469, 535 S.E.2d 820 (2000); Tesler v. State, 295 Ga. App. 569, 672 S.E.2d 522 (2009).
Notes of Decisions
Cited in
17
cases (
4 in the last 5 years), 2000–2024 · leading case:
McGRUDER v. State, 303 Ga. 588 (Ga. 2018).
McGRUDER v. State, 303 Ga. 588 (Ga. 2018).
· cites it 2× “671 ( 808 SE2d 720 ) (2017), and the conspiracy to murder Quarterman count was set aside, see OCGA § 16-4-8.1. The trial court purported to merge the felony murder count, though that count actually was vacated by operation of law.”
McGruder v. State, 814 S.E.2d 293 (Ga. 2018).
· cites it 2× “2d 720 (2017), and the conspiracy to murder Quarterman count was set aside, see OCGA § 16-4-8.1. The trial court purported to merge the felony murder count, though that count actually was vacated by operation of law.”
Simmons v. State, 880 S.E.2d 125 (Ga. 2022).
· cites it 4× “See OCGA § 16-4-8.1 (A person “may not be convicted of both conspiracy to commit a crime and the completed crime.”
Chavers v. State, 823 S.E.2d 283 (Ga. 2019).
· cites it 2× “Chavers contends that the evidence was insufficient to prove his guilt of conspiracy to commit murder and, therefore, was also insufficient to support his conviction for violation of the Street Gang Act because that violation was predicated on the conspiracy offense.”
Simpkins v. State, 814 S.E.2d 289 (Ga. 2018).
· cites it 2× “See OCGA § 16-4-8.1. The trial court purported to merge the felony murder count, though that count actually was vacated by operation of law.”
Simpkins v. State, 303 Ga. 752 (Ga. 2018).
· cites it 2× “See OCGA § 16-4-8.1. The trial court purported to merge the felony murder count, though that count actually was vacated by operation of law.”
Ferguson v. the State, 783 S.E.2d 380 (Ga. Ct. App. 2016).
· cites it 2× “OCGA § 16-4-8.1. The trial court did not err in denying Ferguson’s motion to dismiss the indictment.”
Tesler v. State, 672 S.E.2d 522 (Ga. Ct. App. 2009).
· cites it 4× “See OCGA § 16-4-8.1 (a "person may not be convicted of both conspiracy to commit a crime and the completed crime").”
Eleby v. State, 903 S.E.2d 64 (Ga. 2024).
· cites it 4× “See OCGA § 16-4-8.1 (a “person may not be convicted of both conspiracy to commit a crime 35 and the completed crime”); Simmons v.”
Willard v. State, 535 S.E.2d 820 (Ga. Ct. App. 2000).
· cites it 2× “OCGA § 16-4-8.1 expressly provides that a person “may not be convicted of both conspiracy to commit a crime and the completed crime.”
Garland v. State, 642 S.E.2d 320 (Ga. Ct. App. 2007).
· cites it 2× “Specifically, he argued that since the jury was charged on conspiracy under OCGA § 16-4-8.1, which provides for a sentence of *626 one-half the maximum punishment of the convicted crime, a defendant indicted under a conspiracy theory alone might face only half the sentence that…”
Stembridge v. State, 770 S.E.2d 285 (Ga. Ct. App. 2015).
· cites it 2× “However, Stembridge raises a new argument in his appellate reply brief, asserting that the State’s prosecution is nevertheless barred under OCGA § 16-4-8.1, which provides that “[a] person may not be convicted of both conspiracy to commit a crime and the completed crime.”
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