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O.C.G.A. § 17-10-19 — Determination of defendant's guilt; object of the offense; enhancement of sentence | Georgia Code
O.C.G.A. § 17-10-19 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 17 CRIMINAL PROCEDURE

Section 10. Sentence and Punishment, 17-10-1 through 17-10-71.

ARTICLE 1 PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT

17-10-19. Determination of defendant's guilt; object of the offense; enhancement of sentence.

  1. In a case where notice has been given pursuant to Code Section 17-10-18, the trier of fact shall initially determine the defendant's guilt on the charge or charges. If the trier of fact finds the defendant guilty of such charge or charges, the trial shall immediately be recommenced to receive evidence as is relevant to determine whether the defendant intentionally selected the victim or the property of the victim as the object of the offense as set forth in the notice given pursuant to Code Section 17-10-18.
  2. If the trier of fact determines beyond a reasonable doubt that the defendant so acted, the judge shall enhance the sentence imposed in accordance with the provisions of Code Section 17-10-17.

(Code 1981, §17-10-19, enacted by Ga. L. 2000, p. 224, § 1.)

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.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.