Only punishment reduced, not crime.

- General Assembly apparently intends that only the punishment, and not the class of crime, is subject to reduction by the court. Thus, the judge will not reduce a felony conviction to a misdemeanor, but will merely punish as for a misdemeanor. Ramsey v. Powell, 244 Ga. 745, 262 S.E.2d 61 (1979).

Punishment that may be imposed characterizes crime.

- It is not the punishment imposed in a given case but the punishment that may be imposed that characterizes the crime. Ramsey v. Powell, 244 Ga. 745, 262 S.E.2d 61 (1979).

Determining punishment in honoring recommendation for misdemeanor punishment.

- Determination of what punishment is to be imposed in honoring a recommendation that punishment as for a misdemeanor in connection with a felony conviction is exclusively for the court and is not within the province of the jury. Webb v. State, 136 Ga. App. 90, 220 S.E.2d 27 (1975).

Judge need not charge that jury can recommend misdemeanor punishment.

- There is no error in a trial court's failure to charge a jury that the jury might recommend a misdemeanor punishment. Boatright v. State, 150 Ga. App. 283, 257 S.E.2d 314 (1979).

Judge does not have to charge section.

- Since the jury no longer determines the sentence, it is not necessary that the trial judge charge this section. Stanley v. State, 136 Ga. App. 385, 221 S.E.2d 242 (1975).

Defendant failed to show deportable status and ineffective assistance.

- Judgment finding that the defendant was rendered ineffective assistance of counsel for counsel's alleged failure to advise of deportation consequences for a destruction of property offense was reversed because the defendant's date of admission was not within five years of the date of the commission of the crime in 2002; thus, the defendant failed to prove that the defendant was deportable by virtue of having committed a crime of moral turpitude. State v. Addaquay, 302 Ga. 412, 807 S.E.2d 413 (2017).

Cited in McGregor v. State, 119 Ga. App. 40, 165 S.E.2d 915 (1969); Bearden v. State, 122 Ga. App. 25, 176 S.E.2d 243 (1970); Estevez v. State, 130 Ga. App. 215, 202 S.E.2d 686 (1973); Golson v. State, 130 Ga. App. 577, 203 S.E.2d 917 (1974); Staggers v. Hopper, 232 Ga. 153, 205 S.E.2d 300 (1974); Lewis v. State, 134 Ga. App. 231, 214 S.E.2d 8 (1975); Smokes v. State, 136 Ga. App. 8, 220 S.E.2d 39 (1975); Dunkum v. State, 138 Ga. App. 321, 226 S.E.2d 133 (1976); Richardson v. State, 144 Ga. App. 416, 240 S.E.2d 917 (1977); Goodrum v. State, 158 Ga. App. 602, 281 S.E.2d 254 (1981).

Applicability of statutory restrictions on misdemeanor sentences.

- Any active sentence imposed pursuant to O.C.G.A. § 17-10-5 would necessarily fall within any statutory restrictions on misdemeanor sentences. 1982 Op. Att'y Gen. No. U82-47.

Mandatory language of former O.C.G.A. § 42-5-100(d), which governed the crediting of earned time to misdemeanants confined to county correctional facilities, applied when a felon was sentenced to confinement in a county jail as a condition of probation. 1982 Op. Att'y Gen. No. U82-47 (decided prior to 1983 amendment of § 42-5-100).

Am. Jur. 2d.

- 21A Am. Jur. 2d, Criminal Law, § 861 et seq.

C.J.S.

- 24 C.J.S., Criminal Law, §§ 2001 et seq., 2168 et seq.