Q: Can the courts wait to notifiy the Parole board 9 years after a person was convicted on his parole month and then say
His sentence is under the 17-10-7(c). And the defendant never was notified of his sentence being controlled by this code. And for 9 years he was pic and parole eligible until his parole month. Are they legally able to do this? He wasn't indicted or convicted in court under this statue
A:
The original sentence would have to be done under the recidivist statute. So, you’d need to check the original plea/sentence. They can’t decide later to add the recidivist language.
For more information visit my website at www.LevinLawyerGa.com
A: If the inmate was originally sentenced to no parole by virtue of the recidivist statute OCGA 17-10-7(C) then he is not eligible for parole. I would pull a copy of their original sentence and the transcript from the sentencing hearing to see what was put on the record. If the person pled guilty and did not know about the recidivist provision you may have grounds to file habeas corpus relief based upon ineffective assistance of counsel.
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