Rule 35.2.Sentencing and Sentence Review
Rule 35. POST–SENTENCE INFORMATION · Not amended since adoption on record · Last verified July 17, 2026
Full Text of Rule 35.2
Plain-English Summary
Rule 35.2 is short because it points rather than prescribes. Instead of setting its own standards for how a Superior Court judge hands down a sentence or how that sentence gets reviewed, the rule sends both questions to OCGA § 17-10-1 and the sections that follow it.
The Uniform Superior Court Rules do not describe what that statutory chapter contains — Rule 35.2 itself says only that sentences are imposed and reviewed in accordance with it. By tying the standard to the current version of that statute rather than a fixed one, the drafters made sure the rule keeps pace with whatever changes the legislature makes, instead of locking in a standard that later amendments might outdate.
For anyone researching how a Superior Court sentence gets handed down or reviewed, this rule is the reminder to look past the Uniform Superior Court Rules themselves and into the Georgia Code, where the governing standards live.
Frequently Asked Questions
Does Rule 35.2 set its own standard for how sentences are imposed?
No. It sends both questions to OCGA § 17-10-1 and the sections that follow it.
What statute governs sentence review under Rule 35.2?
OCGA § 17-10-1 and its surrounding sections, tracking whatever version the legislature currently has in force.
Does Rule 35.2 apply to sentence review as well as sentence imposition?
Yes — the rule covers both handing down a sentence and reviewing it.
Why does Rule 35.2 tie sentencing to the statute rather than stating a fixed standard?
So the rule automatically tracks whatever version of OCGA § 17-10-1 and its surrounding sections the legislature currently has in force, rather than locking in a standard that might later fall out of date.
Is Rule 35.2 a lengthy, detailed rule?
No — it is a single provision pointing readers to the Georgia Code rather than setting out its own detailed sentencing procedure.