If a state of Georgia inmate was sentenced as a recidivist, is it mandatory that the whole sentence be served?
by 
Jane
ANSWERS: 3
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This is not a question that deserves negative feedback just because no one has answered it yet,, it is a question that most people should be aware of if you are coming up on your 3rd felony.. if are sentenced as a recedivist you have to your your full sentence on the last charge committed,,, there is a differance now you could be charged with a seperate charge by itself felony recidivist and that one there carries alot of time.
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I have been searching for an answer to this question for a couple of months now. I think the recividist staute means no parole; however, I have an attorney looking into this. If I ever get the answer, I will post it. My fiance was sentenced under this provision, he has never been to prison; this will be his first time. However, he has been convicted of 3 or more felonies, served out on probation; mostly deposit account fraud which resulted from our self-owned business failing. He has never had a drug or violent conviction. I think the DA was overzealous and the judge too harshly and without much thought agreed to the recommendation.
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The answer depends on the crime alleged and the recividist statute that the prosecution is using... GA Code 17-10-7, which is the general recidivist statute for any prior felony convictions, whereas, for instance, burglary with prior burglary convictions may use 16-7-1(b) for sentencing enhancement. Each section will require a different sentence requirement for the judge. See the latest opinion by the Georgia Supreme court on this in the case of Goldberg v. State (2007) Tom (trial attorney)
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