Legal Opinion

State v. Wilkerson

Court of Appeals of Georgia

Decided February 5, 1982No. 63355PublishedCited by 2 opinions

1Opinion of the Court

Deen, Presiding Judge.

It was held in Wade v. State, 231 Ga. 131, 134 (200 SE2d 271) (1973): “Code § 27-2510 provides that where a person is convicted on several counts of a multi-count indictment and sentenced to imprisonment, such sentences shall be served concurrently unless otherwise expressly provided therein.” Based on that statute and on the law then in effect for two-step trial procedures, the court held that the trial court had no authority to change the sentence fixed by the jury, and the jury “must prescribe the sentence to be served on each count,” where there is a multi-count…

2Cases cited2 opinions

  1. Wade v. StateSupreme Court of Georgia · 1973
  2. Dilas v. StateCourt of Appeals of Georgia · 1981

3Cited by2 opinions

  1. State v. SmithCourt of Appeals of Georgia · 1989
  2. State v. SmithCourt of Appeals of Georgia · 1989

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