Dunahoo v. State

Full title: DUNAHOO v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 28, 1971

124 Ga. App. 471 (Ga. Ct. App. 1971)

184 S.E.2d 359

Opinion

46575.

SUBMITTED SEPTEMBER 20, 1971.

DECIDED SEPTEMBER 28, 1971.

Revocation of probation. Clayton Superior Court. Before Judge Banke.

Glenn Zell, for appellant.

HALL, Presiding Judge.

Defendant appeals from the order revoking his probation. The sole ground for the petition of revocation was that defendant had violated a condition of probation requiring him to maintain a conventional haircut.

We have held this type of condition to be invalid in the recent case of Inman v. State, 124 Ga. App. 190 ( 183 S.E.2d 413). It follows that the court is without power to revoke a probation based on a violation of an invalid condition.

Judgment reversed with direction that the above condition be deleted from defendant's order of probation and that his probation be reinstated. Eberhardt and Whitman, JJ., concur.

SUBMITTED SEPTEMBER 20, 1971 — DECIDED SEPTEMBER 28, 1971.