Burglary Maximum Sentence In Georgia
O.C.G.A. 17-10-7 (c) states that any person who, after being convicted of three felonies, is convicted of a fourth felony shall serve the maximum time provided in the sentence of the judge and shall not be eligible for parole until the maximum sentence has been served.
O.C.G.A. 17-10-7 (a) provides that any person who, after being convicted of a felony, is convicted for another felony shall be sentenced to the longest period of time prescribed for the punishment but that the trial judge may, in his or her discretion, probate or suspend the maximum sentence prescribed for the offense.
Banks v. State clearly explains that although O.C.G.A. 17-10-7 (c) prohibits parole, that Code section does not take away the discretion given to the trial court by O.C.G.A. 17-10-7 (a) to probate or suspend part of a sentence.
In the absence of any affirmative showing to the contrary, the court is presumed to have exercised its discretion in imposing sentence Hunter v. State, 237 Ga. App. 803, 806 (3) (517 S.E.2d 534) (1999).