Georgia § 17-10-9 - Specification by judge imposing sentence of time from which penal sentence to run; effect of appeal.

§ 17-10-9. Specification by judge imposing sentence of time from which penal sentence to run; effect of appeal.

In the imposition of sentence for violation of the penal laws, it shall be the duty of the judge to specify that the term of service under the sentence shall be computed from the date of sentence if the defendant is confined in jail or otherwise incarcerated and has no appeal or motion for new trial pending. In cases which are appealed to the Georgia Court of Appeals or the Georgia Supreme Court for reversal of the conviction, the sentence shall be computed from the date the remittitur of the appellate court is made the judgment of the court in which the conviction is had, provided the defendant is not at liberty under bond but is incarcerated or in custody of the sheriff of the county where convicted. If the defendant was at liberty under bond during the pendency of the appeal, once the remittitur of the appellate court is made the judgment of the court in which the conviction is had, the prosecuting attorney shall have the burden of notifying the defendant of the commencement of the sentence within 90 days of such remittitur. When the prosecuting attorney fails to provide such notice, the sentence shall be computed from the date of such remittitur. If a defendant has been convicted and sentenced but, because of his or her failure or inability to post bond or bail for any reason, he or she has been incarcerated pending the prosecution of an appeal to any court, the time of the original imposition of his or her sentence until the time when the remittitur of the appellate court is made the judgment of the court in which the conviction is had shall be counted as time spent under sentence for all purposes. (Ga. L. 1931, p. 165, § 1; Code 1933, § 27-2505; Ga. L. 1965, p. 230, § 1; Ga. L. 2020, p. 361, § 2/HB 984.) The 2020 amendment, effective January 1, 2021, designated the existing provisions as subsections (a) - (c); added the last two sentences in subsection (b); and, in subsection (c), inserted "or her" twice and "or she". Law reviews. - For article discussing the constitutionality of imposing harsher sentences upon defendants found guilty in new trial after appeal, see 6 Ga. St. B.J. 183 (1969).