CopyCited 12 times | Published | Supreme Court of Georgia | Jul 14, 2010 | 287 Ga. 586, 2010 Fulton County D. Rep. 2415
...Under these circumstances, it was not error to deny the motion for mistrial. Carr v. State,
282 Ga. 698, 701-702(3),
653 S.E.2d 472 (2007). 10. 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, he did not receive any such notice....
...its opening statement to a comment that Johnson had made to investigating officers, this Court has determined that there was no reversible error under Bruton, supra,
391 U.S. 123,
88 S.Ct. 1620. Zackery, supra at 401-402(3),
688 S.E.2d 354. [7] OCGA §
17-10-18 reads: 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....
CopyCited 6 times | Published | Supreme Court of Georgia | Oct 25, 2004 | 278 Ga. 538
...Christopher Botts and Angela Pisciotta, along with a third individual, were indicted on charges of aggravated assault and other crimes arising out of the beating of Che and Idris Golden at Little Five Points in Atlanta. 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 victims because of racial bias and prejudice....