Title 17, Chapter 10, Section 9
( 17-10-9)
In the imposition of sentence for violation of the penal laws, it
shall be the duty of the judge to specify that the term of service
under the sentence shall be computed from the date of sentence if
the defendant is confined in jail or otherwise incarcerated and has
no appeal or motion for new trial pending. In cases which are
appealed to the Georgia Court of Appeals or the Georgia Supreme
Court for reversal of the conviction, the sentence shall be computed
from the date the remittitur of the appellate court is made the
judgment of the court in which the conviction is had, provided the
defendant is not at liberty under bond but is incarcerated or in
custody of the sheriff of the county where convicted. If a defendant
has been convicted and sentenced but, because of his failure or
inability to post bond or bail for any reason, he has been
incarcerated pending the prosecution of an appeal to any court, the
time of the original imposition of his sentence until the time when
the remittitur of the appellate court is made the judgment of the
court in which the conviction is had shall be counted as time spent
under sentence for all purposes. |