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2018 Georgia Code 16-4-8.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-4-8.1 Case Law from Google Scholar Amendments to OCGA 16-4-8.1

TITLE 16 CRIMES AND OFFENSES

Section 4. Criminal Attempt, Conspiracy, and Solicitation, 16-4-1 through 16-4-10.

ARTICLE 3 ALIBI

16-4-8.1. Conviction of conspiracy even if crime completed.

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.

(Code 1981, §16-4-8.1, enacted by Ga. L. 1996, p. 679, § 1.)

JUDICIAL DECISIONS

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).

Cases Citing O.C.G.A. § 16-4-8.1

Total Results: 8  |  Sort by: Relevance  |  Newest First

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McGRUDER v. State, 303 Ga. 588 (Ga. 2018).

Cited 34 times | Published | Supreme Court of Georgia | May 7, 2018

...fifteen years consecutive for violation of the Street Gang Act. The other firearm count merged for sentencing purposes, see Donaldson v. State, 302 Ga. 671 (808 SE2d 720) (2017), and the conspiracy to murder Quarterman count was set aside, see OCGA § 16-4-8.1....
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McGruder v. State, 814 S.E.2d 293 (Ga. 2018).

Cited 31 times | Published | Supreme Court of Georgia | May 7, 2018

...ifteen years consecutive for violation of the Street Gang Act. The other firearm count merged for sentencing purposes, see Donaldson v. State , 302 Ga. 671, 808 S.E.2d 720 (2017), and the conspiracy to murder Quarterman count was set aside, see OCGA § 16-4-8.1....
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Chavers v. State, 823 S.E.2d 283 (Ga. 2019).

Cited 13 times | Published | Supreme Court of Georgia | Jan 22, 2019 | 304 Ga. 887

...ent to support his conviction for violation of the Street Gang Act because that violation was predicated on the conspiracy offense. As an initial matter, Chavers's guilty verdict for conspiracy was merged into his malice murder conviction, see OCGA § 16-4-8.1, so he "was not sentenced for that crime, and no judgment of conviction as to that crime was entered against him." Faust v....
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Simpkins v. State, 303 Ga. 752 (Ga. 2018).

Cited 11 times | Published | Supreme Court of Georgia | May 7, 2018

...Act, and ten years consecutive probation for conspiracy to commit murder. The other firearm count merged for sentencing purposes, see Donaldson v. State, 302 Ga. 671 (808 SE2d 720) (2017), and one of the conspiracy to commit murder counts was set aside. See OCGA § 16-4-8.1....
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Simpkins v. State, 814 S.E.2d 289 (Ga. 2018).

Cited 11 times | Published | Supreme Court of Georgia | May 7, 2018

...ars consecutive probation for conspiracy to commit murder. The other firearm count merged for sentencing purposes, see Donaldson v. State , 302 Ga. 671, 808 S.E.2d 720 (2017), and one of the conspiracy to commit murder counts was set aside. See OCGA § 16-4-8.1....
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Simmons v. State, 880 S.E.2d 125 (Ga. 2022).

Cited 8 times | Published | Supreme Court of Georgia | Oct 25, 2022 | 314 Ga. 883

...purposes or were vacated by operation of law. The trial court properly merged the counts alleging conspiracy to commit aggravated assault of Lee (Count 1) and aggravated assault of Lee (Count 4) into the felony murder conviction predicated on aggravated assault (Count 10). See OCGA § 16-4-8.1 (A person “may not be convicted of both conspiracy to commit a crime and the completed crime.”); Hinton v....
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Eleby v. State, 903 S.E.2d 64 (Ga. 2024).

Cited 3 times | Published | Supreme Court of Georgia | Jun 11, 2024 | 319 Ga. 234

..., they do not merge.”). Finally, Appellant correctly claims (and the State concedes) that the trial court should have merged the offense of conspiracy to commit armed robbery with the conviction for felony murder predicated on armed robbery. 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....
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Chavers v. State, 304 Ga. 887 (Ga. 2019).

Published | Supreme Court of Georgia | Jan 22, 2019

...ort his conviction for violation of the Street Gang Act because that violation was predicated on the conspiracy offense. As an initial matter, Chavers’s guilty verdict for conspiracy was merged into his malice murder conviction, see OCGA § 16-4-8.1, so he “was not sentenced for that crime, and no judgment of conviction as to that crime was entered against him.” Faust v....