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Allen v. State
Citations: 244 Ga. App. 377; 535 S.E.2d 347; 2000 Fulton County D. Rep. 2697; 2000 Ga. App. LEXIS 719Docket: A00A0943
Court: Court of Appeals of Georgia; June 8, 2000; Georgia; State Appellate Court
Demar Allen was arrested for making harassing phone calls to his estranged wife and initially served 34 days in custody before posting a $600 bond. After failing to appear at a court hearing, a bench warrant was issued, and he was arrested again, spending an additional 41 days in custody before his arraignment, where he pled not guilty. He remained in custody for another month until trial. Allen later pled guilty and sought credit for the total 75 days he spent in jail. The court granted credit for the initial 34 days but only 45 days for the subsequent confinement, leading to a sentence of 45 days in custody and 33 months probation. Allen appealed, arguing he deserved full credit for all 75 days. The appellate court agreed, citing OCGA 17-10-11 (a), which mandates full credit for time spent in confinement awaiting trial. The court clarified that Allen's confinement for the 41 days was directly related to the charges against him, despite being linked to the bench warrant for his failure to appear. The bench warrant's purpose was to ensure his court presence, and once he appeared, it lost its effect. Consequently, the appellate court reversed the sentence and remanded for resentencing, directing that Allen receive full credit for the 75 days of confinement. Holding a person in jail as punishment for being arrested under a bench warrant is not recognized in Georgia law. If the state believed that Allen's failure to appear constituted bail jumping, it could have charged him under OCGA 16-10-51 (b), but no such charge was made. Instead, Allen was confined arbitrarily for 41 days following his bench warrant arrest, which is unlawful. The trial court erred by not granting Allen full credit for the 75 days he spent in custody awaiting trial. Consequently, the court's sentence is vacated, and the case is remanded for resentencing, directing the trial court to credit Allen for the entire duration of his custody. The judgment of conviction is affirmed, while the sentence is vacated. Judges Smith and Phipps concur.