Legislation overhauling Georgia’s probation system also affects Georgia’s First Offender Act (“GFOA”) (O.C.G.A. § 42-8-60 et seq.), which protects certain criminal defendants from being disqualified from consideration for employment based on their criminal record.Under the GFOA, a criminal defendant who has not previously been convicted of a felony may plead guilty and be placed on probation. Upon completion of probation, the defendant “shall be discharged without court adjudication of guilt.”
Given circumstantial evidence of premeditation, appellant's admission that he killed the women and testimony of witnesses who saw appellant with the victims shortly before their disappearances, the evidence was sufficient to support the first-degree murder convictions on the theory of premeditated murder." [via LexisOne]Stacey Ian Humphreys v. State, 2010 Ga. LEXIS 227 (Ga 3/15/2010) " Trial court erred in disqualifying for cause a prospective juror who was serving a probationary sentence under the First Offender Act, O.C.G.A. § 42-8-60 et seq., because he had not been convicted within the meaning of O.C.G.A. § 15-12-163(b)(5). However, this error was not a basis for reversal of defendant's murder convictions or death sentences."
Given circumstantial evidence of premeditation, appellant's admission that he killed the women and testimony of witnesses who saw appellant with the victims shortly before their disappearances, the evidence was sufficient to support the first-degree murder convictions on the theory of premeditated murder." [via LexisOne]Stacey Ian Humphreys v. State, 2010 Ga. LEXIS 227 (Ga 3/15/2010) " Trial court erred in disqualifying for cause a prospective juror who was serving a probationary sentence under the First Offender Act, O.C.G.A. § 42-8-60 et seq., because he had not been convicted within the meaning of O.C.G.A. § 15-12-163(b)(5). However, this error was not a basis for reversal of defendant's murder convictions or death sentences."
Given circumstantial evidence of premeditation, appellant's admission that he killed the women and testimony of witnesses who saw appellant with the victims shortly before their disappearances, the evidence was sufficient to support the first-degree murder convictions on the theory of premeditated murder." [via LexisOne]Stacey Ian Humphreys v. State, 2010 Ga. LEXIS 227 (Ga 3/15/2010) " Trial court erred in disqualifying for cause a prospective juror who was serving a probationary sentence under the First Offender Act, O.C.G.A. § 42-8-60 et seq., because he had not been convicted within the meaning of O.C.G.A. § 15-12-163(b)(5). However, this error was not a basis for reversal of defendant's murder convictions or death sentences."