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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.