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Rayner Ga Motion2 Run Sentence Concurrent

Barry Rayner has filed a motion for concurrent sentencing. He was convicted in Georgia of firearm possession and received 5 years probation. While on probation, he returned to Kentucky and pled guilty to drug and firearm charges there, receiving a 5 year sentence. He is currently incarcerated in Kentucky. Rayner argues that under Georgia law, his sentences should run concurrently. He asks the court to order his Georgia probation to run concurrently with his Kentucky sentence and remove any probation holds or detainers, so he can fully participate in rehabilitation programs in Kentucky prison.

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280 views4 pages

Rayner Ga Motion2 Run Sentence Concurrent

Barry Rayner has filed a motion for concurrent sentencing. He was convicted in Georgia of firearm possession and received 5 years probation. While on probation, he returned to Kentucky and pled guilty to drug and firearm charges there, receiving a 5 year sentence. He is currently incarcerated in Kentucky. Rayner argues that under Georgia law, his sentences should run concurrently. He asks the court to order his Georgia probation to run concurrently with his Kentucky sentence and remove any probation holds or detainers, so he can fully participate in rehabilitation programs in Kentucky prison.

Uploaded by

luca108
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA
STATE OF GEORGIA
v.
Case No._________________
BARRY W. RAYNER
DEFENDANT
MOTION FOR CONCURRENT SENTENCING
1.

COMES NOW Barry W. Rayner, (hereinafter Defendant) herein and brings this
Motion for Concurrent Sentencing and in support states as follows:

2.

As this Court is aware, in the above captioned case, the Defendant was a passenger in a
car that was involved in a traffic stop. Both the Defendant and the owner of the car were
charged with possession of burglary tools and possession of a firearm.

3.

On XXX, 2016, the State of Georgia dismissed all charges against the Defendant except
for the firearm charge. The Defendant pled guilty to the firearm charge in exchange for a
sentence of five (5) years probation.

4.

The Defendant was released from custody in Georgia on probation on XXX, 2016. With
the intent to straighten out his life, the Defendant then returned to Kentucky to face
pending charges there for drug possession and firearm charges. The Defendant pled
guilty to the charges and received a five (5) year sentence. The Defendant is currently
serving his time, incarcerated in Kentucky, with a projected release date of XXX, 2020.

5.

At this current time, due to a Georgia probation detainer hold placed on the Defendant is
prevented from full availing all the rehabilitation programs, especially the programs that
require out-custody/ community custody, such as work release programs.

6.

Pursuant to Georgia law, Where a person is convicted on more than one indictment or
accusation at separate terms of court, or in different courts, and sentenced to
imprisonment, the sentences shall be served concurrently, one with the other ( See
O.C.G.A., 17-10-10(b)- Concurrent sentences) (emphasis added).

7.

Pursuant to O.C.G.A., 17-10-10- Concurrent sentences, any other applicable statutes or


interstate agreements on detainers, the Defendant moves this Court to run his Georgia
probation time to run concurrently with his Kentucky sentence and remove all holds. This
will enable the Defendant to get avail all the rehabilitative programs Kentucky has to
offer during his present term of imprisonment.

8.

WHEREFORE, the Defendant prays that this Honorable Court to issue an order to allow
the Georgia probation time to run concurrently, remove all pending Georgia holds and/or
detainers and any other such further relief to which he may be entitled at law or in equity,
whether pled or unpled.
______________________
Barry W. Rayner

CERTIFICATE OF SERVICE
This foregoing was mailed/hand delivered, certified mail, United States Postal Service on
the_______day of July 2016, to the following:
Fulton County Probation Division
160 Pryor St SW,
Atlanta, GA 30303
__________________________
Barry W. Rayner
c/o
Kentucky State Prison
XXXX
Lagrange, KY

IN THE SUPERIOR COURT OF FULTON COUNTY


STATE OF GEORGIA
STATE OF GEORGIA
v.
Case No._________________
BARRY W. RAYNER
DEFENDANT
ORDER
Motion having been made and the Court being sufficiently advised: IT IS HEREBY
ORDERED THAT DEFENDANTS MOTION FOR CONCURRENT SENTENCING IS
HEREBY GRANTED
____________________________________
JUDGE FULTON SUPERIOR COURT
DATE_______________________
TENDERED BY:
_______________________
Barry W. Rayner
c/o
Kentucky State Prison
XXXX
Lagrange, KY

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