Radcliff v. State

Full title: RADCLIFF v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 19, 1975

134 Ga. App. 244 (Ga. Ct. App. 1975)

214 S.E.2d 179

Opinion

50227.

SUBMITTED FEBRUARY 4, 1975.

DECIDED FEBRUARY 19, 1975. REHEARING DENIED MARCH 11, 1975.

Revocation of probation. Cobb Superior Court. Before Judge Bullard.

Edward J. Magner, for appellant.

George W. Darden, District Attorney, B. Wayne Phillips, Assistant District Attorney, for appellee.

QUILLIAN, Judge.

In the case sub judice the defendant's probation was revoked because the trial judge found that the defendant was sitting in a car drinking beer at 4:00 a. m. While the evidence might have supported a finding that the defendant violated a condition of his probation which prohibited alcoholic intoxication, this was not one of the grounds stated in the petition for revocation of probation. Therefore the order of revocation was erroneous. Dingler v. State, 101 Ga. App. 312 ( 113 S.E.2d 496); George v. State, 99 Ga. App. 892 ( 109 S.E.2d 883); Gay v. State, 101 Ga. App. 225 ( 113 S.E.2d 223); Kendrick v. State, 125 Ga. App. 326 ( 187 S.E.2d 580).

Judgment reversed. Pannell, P. J., and Clark, J., concur.

SUBMITTED FEBRUARY 4, 1975 — DECIDED FEBRUARY 19, 1975 — REHEARING DENIED MARCH 11, 1975.