Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448
(Code 1981, §17-10-16, enacted by Ga. L. 1993, p. 1654, § 3.)
- Pursuant to Code Section 28-9-5, in 1993, "May 1, 1993," was substituted for "the effective date of this Code section" in subsection (a).
- Ga. L. 1993, p. 1654, § 7, effective May 1, 1993, provides: "Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after the effective date of this Act. With express written consent of the state, a defendant whose offense was committed prior to the effective date of this Act may elect in writing to be sentenced under the provisions of this Act provided that: (1) jeopardy for the offense charged has not attached and the state has filed with the trial court notice of its intention to seek the death penalty or (2) the defendant has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking the death penalty after remand."
Ga. L. 1993, p. 1654, § 8, effective May 1, 1993, provides: "Except as provided in Section 6 of this Act [Code Section 17-10-32.1], the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to the effective date of this Act nor shall this Act be construed as repealing Code Sections 17-10-30, 17-10-31, or 17-10-32 of the Official Code of Georgia Annotated."
Ga. L. 1993, p. 1654, § 9, effective May 1, 1993, provides: "No person shall be sentenced to life without parole unless such person could have received the death penalty under the laws of this state as such laws have been interpreted by the United States Supreme Court and the Supreme Court of Georgia."
- For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 183 (1993).
- O.C.G.A. § 17-10-16 does not violate the equal protection clause of the Fourteenth Amendment because the statute places the discretion to withhold the presentation of a life-without-parole sentence in cases of crimes committed before May 1, 1993, in the hands of the prosecutor. Freeman v. State, 264 Ga. 27, 440 S.E.2d 181 (1994).
O.C.G.A. § 17-10-16 does not violate Ga. Const. 1983, Art. IV, Sec. II, Para. II, Ga. Const. 1983, Art. IV, Sec. VII, Para. II, and Ga. Const. 1983, Art. I, Sec. II, Para. III because the statute imposes legislative restrictions on the power of the Board of Pardons and Paroles to grant parole. Freeman v. State, 264 Ga. 27, 440 S.E.2d 181 (1994).
Legislature's power to prescribe punishment for crime includes the power to make ineligibility for parole part of the punishment. Moore v. Ray, 269 Ga. 457, 499 S.E.2d 636 (1998).
- Application of O.C.G.A. § 17-10-16 to the defendant did not violate ex post facto prohibitions since the defendant expressly elected the application and that section did not establish a greater penalty or alter the situation to the defendant's disadvantage. Brantley v. State, 268 Ga. 151, 486 S.E.2d 169 (1997), cert. denied, 522 U.S. 985, 118 S. Ct. 449, 139 L. Ed. 2d 384 (1997).
When a defendant pled guilty to rape and the state did not seek the death penalty, it was error to impose a sentence of life without parole under O.C.G.A. § 16-6-1(b); under case law and O.C.G.A. § 17-10-16(a), a life sentence without parole was authorized only in cases when the state first sought the death penalty. Velazquez v. State, 283 Ga. App. 863, 643 S.E.2d 291 (2007), aff'd, 238 Ga. 206, 657 S.E.2d 838 (2008).
Cited in Rower v. State, 264 Ga. 323, 443 S.E.2d 839 (1994); State v. Velazquez, 283 Ga. 206, 657 S.E.2d 838 (2008); State v. Velazquez, 283 Ga. 206, 657 S.E.2d 838 (2008); Moore v. State, 303 Ga. 743, 814 S.E.2d 676 (2018).
- As of January 1, 1995, there have been placed additional constitutional limitations on the power of the State Board of Pardons and Paroles to parole. The limitations include the inability to parole during the mandatory minimum sentence for the seven serious violent felonies set out in O.C.G.A. § 17-10-6.1, the inability to parole for sentences of life without parole as set out in O.C.G.A. §§ 17-10-7(b)(2) and17-10-16, and the inability to parole for felony recidivists who are convicted for a fourth or subsequent such offense. Other felons and misdemeanants are required to serve the minimum time prescribed in O.C.G.A. § 42-9-45(b), subject to the authority reserved by statute to the board in O.C.G.A. § 42-9-46 to consider for clemency upon complying with certain notice procedures. 1995 Op. Att'y Gen. No. 95-4.
Total Results: 20
Court: Supreme Court of Georgia | Date Filed: 2021-03-15
Snippet: he cannot be sentenced to LWOP because OCGA § 17-10-16 (a) prohibits the imposition of an LWOP sentence
Court: Supreme Court of Georgia | Date Filed: 2018-05-21
Citation: 814 S.E.2d 676
Snippet: did not contravene public policy under OCGA § 17-10-16 and Brantley v. State , 268 Ga. 151, 153, 486
Court: Supreme Court of Georgia | Date Filed: 2017-02-06
Citation: 300 Ga. 516, 796 S.E.2d 694, 2017 WL 473936, 2017 Ga. LEXIS 48
Snippet: under the statutory scheme created by OCGA §§ 17-10-16 (a), 17-10-30.1, 17-10-31.1, and 17-10-32.1, the
Court: Supreme Court of Georgia | Date Filed: 2014-01-21
Citation: 294 Ga. 383, 754 S.E.2d 33, 2014 Fulton County D. Rep. 118, 2014 WL 211236, 2014 Ga. LEXIS 60
Snippet: without parole pursuant to OCGA §§ 16-5-1 and 17-10-16.1, maintaining that the latter statute was applied
Court: Supreme Court of Georgia | Date Filed: 2013-05-20
Citation: 293 Ga. 35, 743 S.E.2d 393, 2013 Fulton County D. Rep. 2211, 2013 WL 2150840, 2013 Ga. LEXIS 440
Snippet: State does not seek the death penalty, see OCGA § 17-10-16.1; Ga. L. 2011, p.752, § 17 (3), that does not
Court: Supreme Court of Georgia | Date Filed: 2013-03-28
Citation: 292 Ga. 771, 743 S.E.2d 12, 2013 Fulton County D. Rep. 1344, 2013 WL 1442294, 2013 Ga. LEXIS 292
Snippet: the Official Code of Georgia Annotated as OCGA § 17-10-16.1. See Ga.L. 2011, p.752, § 17 (3) (effective
Court: Supreme Court of Georgia | Date Filed: 2013-03-25
Citation: 292 Ga. 666, 740 S.E.2d 598, 2013 Fulton County D. Rep. 743, 2013 Ga. LEXIS 298
Snippet: uncertain. Freeman involved a new statute, OCGA § 17-10-16, which took effect on May 1, 1993, and authorized
Court: Supreme Court of Georgia | Date Filed: 2012-10-01
Citation: 291 Ga. 831, 732 S.E.2d 752, 2012 Fulton County D. Rep. 2918, 2012 WL 4475700, 2012 Ga. LEXIS 736
Snippet: Assistant Attorney General, for appellee. OCGA § 17-10-16 (a) makes a life sentence without the possibility
Court: Supreme Court of Georgia | Date Filed: 2010-03-15
Citation: 690 S.E.2d 835, 286 Ga. 650, 2010 Fulton County D. Rep. 754, 2010 Ga. LEXIS 221
Snippet: we have held based on the language of OCGA §§ 17-10-16 and 17-10-32.1 that life without parole cannot
Court: Supreme Court of Georgia | Date Filed: 2008-02-25
Citation: 657 S.E.2d 838, 283 Ga. 206, 2008 Fulton County D. Rep. 580, 2008 Ga. LEXIS 188, 2008 WL 480078
Snippet: the majority holds that, by virtue of OCGA § 17-10-16 (a), that sentence is governed by OCGA § 17-10-30
Court: Supreme Court of Georgia | Date Filed: 2001-07-16
Citation: 551 S.E.2d 723, 274 Ga. 246, 2001 Fulton County D. Rep. 2230, 2001 Ga. LEXIS 574
Snippet: charges is his one-sentence contention that OCGA § 17-10-16, which provides that a jury may consider a sentence
Court: Supreme Court of Georgia | Date Filed: 1999-12-03
Citation: 524 S.E.2d 490, 271 Ga. 829, 2000 Fulton County D. Rep. 601, 1999 Ga. LEXIS 1030
Snippet: not a sentencing option at Pace’s trial. OCGA § 17-10-16 (a). Therefore, it was not error for the trial
Court: Supreme Court of Georgia | Date Filed: 1999-02-08
Citation: 512 S.E.2d 241, 270 Ga. 494, 99 Fulton County D. Rep. 556, 1999 Ga. LEXIS 108
Snippet: Jackson contends the death penalty statutes, OCGA §§ 17-10-16, 17-10-30.1, 17-10-31.1, 17-10-32.1, are unconstitutional
Court: Supreme Court of Georgia | Date Filed: 1998-05-18
Citation: 499 S.E.2d 636, 269 Ga. 457
Snippet: In Freeman, supra, this Court held that OCGA § 17-10-16, which provides for a sentence of life without
Court: Supreme Court of Georgia | Date Filed: 1997-06-30
Citation: 486 S.E.2d 169, 268 Ga. 151, 97 Fulton County D. Rep. 2351, 1997 Ga. LEXIS 360
Snippet: murder of his former sister-in-law. See OCGA § 17-10-16 and Ga. L.1993, p. 1654, § 7. Accordingly, Brantley
Court: Supreme Court of Georgia | Date Filed: 1996-03-04
Citation: 467 S.E.2d 523, 266 Ga. 324, 96 Fulton County D. Rep. 760, 1996 Ga. LEXIS 87
Snippet: State filed notices of intent pursuant to OCGA §§ 17-10-16 and 17-10-30.1 to seek imprisonment for life without
Court: Supreme Court of Georgia | Date Filed: 1995-07-14
Citation: 458 S.E.2d 833, 265 Ga. 598
Snippet: 665, 666, 424 S.E.2d 616 (1993). [30] OCGA § 17-10-16. [31] See Freeman v. State, 264 Ga. 27, 28-29
Court: Supreme Court of Georgia | Date Filed: 1995-03-17
Citation: 265 Ga. 292, 455 S.E.2d 61
Snippet: court’s ruling as to the constitutionality of OCGA § 17-10-16, the life-without-parole statute, are without
Court: Supreme Court of Georgia | Date Filed: 1994-06-06
Citation: 264 Ga. 323, 443 S.E.2d 839, 94 Fulton County D. Rep. 1892, 1994 Ga. LEXIS 446
Snippet: case. 3. Contrary to Rower’s argument, OCGA § 17-10-16, authorizing a sentence of life without parole
Court: Supreme Court of Georgia | Date Filed: 1994-02-28
Citation: 264 Ga. 27, 440 S.E.2d 181, 94 Fulton County D. Rep. 752, 1994 Ga. LEXIS 108
Snippet: transaction evidence, the constitutionality of OCGA § 17-10-16, providing for a sentence of life without parole