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Lawskills.com Georgia Caselaw
EARP v. ANGEL.
44507.
CLARKE, Presiding Justice.
Habeas corpus. Fulton Superior Court. Before Judge Hicks.
The 1983 pleas were taken pursuant to the terms of the Probation for First Offenders Act, OCGA 42-8-60 et seq., and Angel was discharged without adjudication of guilt of these two offenses under the act. Following the 1985 adjudication of habitual violator, Angel filed a petition for habeas corpus on the basis that the offenses under the First Offenders Act could not be the predicate offenses for an adjudication of habitual violator. The habeas court granted the relief sought, and the Commissioner appealed. We reverse but for another reason.
Appellee failed to follow the appellate procedure available under OCGA 40-5-66 to attack his adjudication as a habitual violator. "[F]ailure to enumerate as error on appeal any alleged error or deficiency stands on like footing with a failure to make timely objection in the trial court -- that is, the same shall be waived. Being waived, there then exists a procedural bar to its consideration in habeas corpus proceedings, under the same circumstances as pertain to like waivers in the trial court." Black v. Hardin, 255 Ga. 239, 240 (336 SE2d 754) (1985).
Michael Martin, for appellee.
Michael J. Bowers, Attorney General, Jennifer L. Hackemeyer, Assistant Attorney General, for appellant.
DECIDED JULY 9, 1987 -- RECONSIDERATION DENIED JULY 30, 1987.
Thursday May 21 13:37 EDT


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