Adams v. State, A99A2215.
| Decision Date | 13 January 2000 |
| Docket Number | No. A99A2215.,A99A2215. |
| Citation | 241 Ga. App. 810,527 S.E.2d 911 |
| Parties | ADAMS v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Samuel C. Finster, Sr., William U. Hyden, Jr., Summerville, for appellant.
Herbert E. Franklin, Jr., District Attorney, Bruce E. Roberts, Assistant District Attorney, for appellee.
A jury found William Henry Adams guilty of two counts of felony sale of cocaine and two counts of felony possession of cocaine. After the jury returned its verdict but before sentencing, the district attorney introduced evidence of prior felony convictions for (1) possession of cocaine, (2) interference with government property, (3) obstruction of an officer, and (4) burglary.
During sentencing, the trial judge determined that the possession charges merged with the sale charges and sentenced Adams on the two counts of the sale of cocaine. The trial judge sentenced Adams on one count to thirty years confinement under Georgia's recidivist statute.1 He sentenced Adams on the second count to 30 years on probation, with the sentences to run concurrently, based on his concern that the parole board may decide to release Adams prior to the completion of his 30-year sentence. Because it was his intention to impose a sentence that would keep Adams out of the judicial circuit for 30 years, as a special condition of probation and as a backup to the prison sentence, the trial judge banished Adams from the Lookout Mountain Judicial Circuit (including Chattooga, Walker, Catoosa, and Dade Counties) for 30 years. On appeal, Adams challenges the length of the banishment.
Adams was sentenced under OCGA § 17-10-7(c), which requires that he serve the entire 30-year sentence imposed by the judge without the possibility of parole. We must assume that he will serve the entire 30 years in prison. But if he is released before the expiration of 30 years, the special condition of probation will keep him out of the judicial circuit for the remainder of the 30 years. Based on the record, we find this special condition of probation is not unreasonable.2
Judgment affirmed.
1. OCGA § 17-10-7(c). This statute provides:
[A]ny person who, after having been convicted under the laws of this state for three felonies... commits a felony within this state other than a capital felony must, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the...
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Hallford v. State, A07A2350.
...We disagree. Banishment from counties within the State has been upheld as a reasonable condition of probation. Adams v. State, 241 Ga. App. 810, 811, 527 S.E.2d 911 (2000) (banishment from judicial circuit for 30-year term of sentence not unreasonable); Wyche v. State, 197 Ga.App. 148, 149(......
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Terry v. Hamrick, S08A0170.
...was not unreasonable, and, given the evidence of Terry's obsession with his ex-wife, this was not error. See Adams v. State, 241 Ga.App. 810, 527 S.E.2d 911 (2000). Terry urges that this Court look to the General Assembly's 2006 amendment of OCGA § 42-8-35, see footnote 2, supra, for guidan......
- Downey v. State, A00A0297.
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Shook v. State, A09A1320.
...where it is a reasonable condition of probation. Hallford v. State, 289 Ga.App. 350, 353(2), 657 S.E.2d 10 (2008); Adams v. State, 241 Ga.App. 810, 811, 527 S.E.2d 911 (2000) (upholding banishment from judicial circuit for thirty-year term of sentence); Wyche v. State, 197 Ga.App. 148, 149(......
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Banishment in Georgia: a New Approach to Domestic Violence
...State, 387 S.E.2d 355, 359 (Ga. Ct. App. 1989). 23. Presha v. State, 469 S.E.2d 293, 294-95 (Ga. Ct. App. 1996); see also Adams v. State, 527 S.E.2d 911, 912 (Ga. Ct. App. 2000) (affirming a thirty year banishment); Edwards v. State, 327 S.E.2d 559, 560-61 (Ga. Ct. App. 1985) (affirming a t......