GA 17-10-1 - GA 17-10-1

Sentencing Prerogatives of Trial Court Powers of trial judge generally. - O.C.G.A. §§ 17-10-1 and 17-10-8 , when read together, provide that the judge fixing sentence shall prescribe a determinate sentence for a specific number of years within the limits set by law, may probate a noncapital felony sentence upon such terms as the judge deems proper, and may impose a fine upon the convicted party not to exceed $10,000 (or the fine fixed by law, whichever is greater). State v. Shepherd Constr. Co., 248 Ga. 1 , 281 S.E.2d 151 , cert. denied, 454 U.S. 1055, 102 S. Ct. 601 , 70 L. Ed. 2 d 591, appeal dismissed, 454 U.S. 1074, 102 S. Ct. 626 , 70 L. Ed. 2 d 609 (1981). There was no violation of the defendant's rights under O.C.G.A. § 17-10-1 since the sentence as finally entered did not vary from...