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Lawskills.com Georgia Caselaw
ASKEA v. THE STATE.
62170.
MCMURRAY, Presiding Judge.
Revocation of probation. Douglas Superior Court. Before Judge Noland.
The defendant, following a revocation of probation hearing, had his probated sentence for the offense of burglary revoked and appeals therefrom. Held:
1. Defendant contends that the trial court erred in failing to state in its probation revocation order the evidence relied on and the reason for revoking defendant's probation. In view of the Supreme Court's decision in State v. Brinson, 248 Ga. 380 (1) (283 SE2d 463), the defendant's contentions are not meritorious.
2. No proper motion to recuse was made in accordance with State v. Fleming, 245 Ga. 700, 701-702 (267 SE2d 207). Hence, there is no merit in this complaint.
Willlam A. Foster III, District Attorney, Frank Winn, Barbara V. Tinsley, Assistant District Attorneys, for appellee.
Gerald L. Talansky, Kenneth T. Humphries, for appellant.
DECIDED NOVEMBER 9, 1981.
Friday October 10 23:12 CDT


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