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Hearing v. State

Court of Appeals of Georgia
Oct 22, 1979
262 S.E.2d 207 (Ga. Ct. App. 1979)

Opinion

58473.

SUBMITTED SEPTEMBER 25, 1979.

DECIDED OCTOBER 22, 1979.

Revocation of probation. Clayton Superior Court. Before Judge Morgan, Senior Judge.

Joseph M. Todd, for appellant.

Robert E. Keller, District Attorney, Clifford A. Sticher, Assistant District Attorney, for appellee.


This is an appeal based on the general grounds of the revocation of a portion of the appellant's ten-year probated sentence.

On June 15, 1977 Hearing was convicted in the Superior Court of Clayton County of burglary. He was sentenced to ten years which was probated and a fine. One year of that probation was revoked in unrelated proceedings on January 6, 1978. The revocation from which Hearing appeals was based on credible evidence that he participated in an armed robbery of a convenience grocery store.

In Johnson v. State, 142 Ga. App. 124, 126 ( 235 S.E.2d 550) (1977) we held that "[i]t is therefore well settled that the procedure for holding a proceeding for probation revocation is different from that of a criminal prosecution." This court recognized the slight evidence rule necessary to support a finding of a probationary violation in the cases of Dickerson v. State, 136 Ga. App. 885 ( 222 S.E.2d 649) (1975); Scott v. State, 131 Ga. App. 504 ( 206 S.E.2d 137) (1974); David v. State, 139 Ga. App. 335 ( 228 S.E.2d 362) (1976); and Hammond v. State, 139 Ga. App. 365 ( 228 S.E.2d 386) (1976). "Only `slight evidence' is required to authorize revocation ( Harper v. State, 130 Ga. App. 545 ( 203 S.E.2d 866)), and where there is any evidence supporting the offense charged as a violation of probation an appellate court will not interfere with a revocation unless there has been manifest abuse of discretion." Barlow v. State, 140 Ga. App. 667, 668 ( 231 S.E.2d 561) (1976); Purgason v. State, 145 Ga. App. 277

( 243 S.E.2d 554) (1978). Applying these rules, there is sufficient evidence to support the revocation of probation in this case.

Judgment affirmed. McMurray, P. J., and Banke, J., concur.


SUBMITTED SEPTEMBER 25, 1979 — DECIDED OCTOBER 22, 1979.


Summaries of

Hearing v. State

Court of Appeals of Georgia
Oct 22, 1979
262 S.E.2d 207 (Ga. Ct. App. 1979)
Case details for

Hearing v. State

Case Details

Full title:HEARING v. THE STATE

Court:Court of Appeals of Georgia

Date published: Oct 22, 1979

Citations

262 S.E.2d 207 (Ga. Ct. App. 1979)
262 S.E.2d 207

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