O.C.G.A. § 42-8-43 (2019)

Annotations

The 2015 amendment, effective July 1, 2015, redesignated former Code Section 42-8-44 as present Code Section 42-8-43. See Editor's notes for applicability.

Editor's notes. - Former Code Section 42-8-43 (Ga. L. 1956, p. 27, § 15; Ga. L. 1972, p. 604, § 11), relating to effect of article on existing county probation systems, was repealed by Ga. L. 2015, p. 422, § 4-1/HB 310, effective July 1, 2015.

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

JUDICIAL DECISIONS

Cited in Sentinel Offender Svcs., LLC v. Glover, 296 Ga. 315, 766 S.E.2d 456 (2014).

42-8-43.1 through 42-8-43.3

Editor's notes. - The sections were based on Code 1981, § 42-8-43.1, enacted by Ga. L. 1982, p. 1605, § 1; Ga. L. 1983, p. 421, § 1; Code 1981, § 42-8-43.2, enacted by Ga. L. 1987, p. 1319, § 1; Code 1981, § 42-8-43.3, enacted by Ga. L. 1988, p. 1951, § 1.

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

42-8-44. Redesignated.

Editor's notes. - Ga. L. 2015, p. 422, § 4-1/HB 310, effective July 1, 2015, redesignated former Code Section 42-8-44 as present Code Section 42-8-43.

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

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ARTICLE 3 FIRST OFFENDERS

Law reviews. - For note, "Bailing on Bail: The Unconstitutionality of Fixed, Monetary Bail Systems and Their Continued Use Throughout the United States," see 52 Ga. L. Rev. 985 (2018).

JUDICIAL DECISIONS

Applicability. - O.C.G.A. Art. 3, Ch. 8, T. 42 does not apply to the sentence for violent felonies outlined in O.C.G.A. § 17-10-6.1. Fleming v. State, 233 Ga. App. 483, 504 S.E.2d 542 (1998), overruling State v. Allmond, 225 Ga. App. 509. 484 S.E.2d 306 (1997).

Defendant found guilty of a serious violent felony under O.C.G.A. § 17-10-6.1 could apply for first offender status prior to the 1998 amendments to O.C.G.A. Art. 3, Ch. 8, T. 42. Fleming v. State, 271 Ga. 587, 523 S.E.2d 315 (1999), reversing Fleming v. State, 233 Ga. App. 483, 504 S.E.2d 542 (1998), reversing Fleming v. State, 233 Ga. App. 483, 504 S.E.2d 542 (1998). Horton v. State, 241 Ga. App. 605, 527 S.E.2d 254 (1999);.

Terms and conditions. - Probation cannot be revoked for a violation of terms and conditions if there are no terms and conditions to the probation. Helton v. State, 166 Ga. App. 565, 305 S.E.2d 27 (1983).

Carryover to subsequent probation. - When a first offender probation is revoked, that probation, and the probation's terms and conditions, is effectively eliminated, leaving nothing to be carried over to any subsequent probation. Helton v. State, 166 Ga. App. 565, 305 S.E.2d 27 (1983).

Sentence admissible in murder trial. - At the sentencing phase of a murder trial, the state offered in aggravation an indictment, the defendant's plea of guilty to the indictment, and a sentence imposed under O.C.G.A. Art. 3, Ch. 8, T. 42 for the offenses of entering an automobile and theft by taking. This evidence was admissible, since evidence in aggravation is not limited to convictions, and reliable information tending to show a defendant's general bad character is admissible in aggravation. Williams v. State, 258 Ga. 281, 368 S.E.2d 742 (1988), cert. denied, 492 U.S. 925, 109 S. Ct. 3261, 106 L. Ed. 2d 606 (1989).

Cited in Puckett v. State, 163 Ga. App. 156, 293 S.E.2d 544 (1982); J.C. Penney Co. v. Miller, 182 Ga. App. 64, 354 S.E.2d 682 (1987).

OPINIONS OF THE ATTORNEY GENERAL

Applicability to misdemeanors. - First Offender Act, O.C.G.A. § 42-8-60 et seq., is applicable to misdemeanor offenses. 2000 Op. Att'y Gen. No. 2000-1.

Competency to serve on jury. - Person who has been placed on probation pursuant to the First Offender Act, O.C.G.A. § 42-8-60 et seq., does not become incompetent to serve on a grand or petit jury under Code Section 15-12-60 either before or after being discharged without court adjudication of guilt. 1990 Op. Att'y Gen. No. U90-6.

"Conviction", as defined in the Drug-Free Public Work Force Act of 1990, O.C.G.A. § 45-23-3, does not include treatment under the Georgia First Offender Act, O.C.G.A. § 42-8-60 et seq., nor does it include a conviction based on a plea of nolo contendere. 1990 Op. Att'y Gen. No. 90-16.