O.C.G.A.

O.C.G.A. § 17-10-18 (2019)

Notification to seek enhanced penalty

✓ 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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At any time after the filing of an indictment or accusation but not later than the arraignment, the state shall notify the defendant of its intention to seek the enhanced penalty or penalties authorized by Code Section 17-10-17. The notice shall be in writing and shall allege the specific factor or factors authorizing an enhanced sentence in the case pursuant to Code Section 17-10-17.

History

Code 1981, § 17-10-18, enacted by Ga. L. 2000, p. 224, § 1.

Annotations

Editor’s notes. - Ga. L. 2000, p. 224, § 2, not codified by the General Assembly,

provided in part that this Code section is applicable to offenses committed on or after July 1, 2000.

Notes of Decisions

Cited in 3 cases, 2004–2010 · leading case: Hightower v. State, 698 S.E.2d 312 (Ga. 2010).

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Hightower v. State, 698 S.E.2d 312 (Ga. 2010). · cites it 8× “Johnson contends that he was improperly sentenced as a recidivist and claims that, while under a prior indictment, he received notice under OCGA § 17-10-18 [7] of the State's intent to seek recidivist punishment, but that under the indictment on which he was tried and convicted,…”

Botts v. State, 604 S.E.2d 512 (Ga. 2004). · cites it 2× “Pursuant to the notice provisions of the hate crime penalty statute, OCGA § 17-10-18, the State served Botts and Pisciotta (hereinafter appellants) with notice of the State’s intent to seek sentence enhancement based on the State’s allegation that appellants selected their…”

Gearin v. State, 603 S.E.2d 709 (Ga. Ct. App. 2004). · cites it 2× “As required by OCGA § 17-10-18, the State notified Gearin of its intent to seek an enhanced penalty pursuant to OCGA § 17-10-17, the hate crime statute; that statute provides for an enhancement of penalty if the trier of fact determines that a defendant intentionally selected a…”

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.