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Lawskills.com Georgia Caselaw
WILEY v. THE STATE.
49154.
QUILLIAN, Judge.
Theft by taking. Peach Superior Court. Before Judge Morgan.
The appellant entered a plea of guilty to theft by taking and was sentenced under the first offender statute to serve three years on probation. Subsequent to that time, after a hearing, the appellant's sentence was revoked and he was sentenced to serve ten years in the penitentiary. It is from this judgment an appeal was filed. Held:
Upon the violation of probation this statute authorizes the superior court to enter all adjudication of guilt and order that the defendant serve the remainder of his probated sentence in the penitentiary. However, this statute does not authorize the court to vacate the original sentence and enter a greater one. The same principle would apply as though the jury found the defendant guilty and set his sentence, and the trial judge allowed him to serve under the First Offender Act.
2. The evidence authorized the revoking of the probationary sentence. Raines v. State, 130 Ga. App. 1 (202 SE2d 253).
Fred M. Hasty, District Attorney, W. Louis Sands, for appellee.
Frank B. Lanneau, III, for appellant.
ARGUED MARCH 4, 1974 -- DECIDED MARCH 15, 1974 -- REHEARING DENIED MARCH 29, 1974 -- CERT. APPLIED FOR.
Wednesday December 3 02:49 CST


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