Title 42, Chapter 8, Section 60
( 42-8-60)
(a) Upon a verdict or plea of guilty or a plea of nolo contendere,
but before an adjudication of guilt, in the case of a defendant who
has not been previously convicted of a felony, the court may,
without entering a judgment of guilt and with the consent of the
defendant: (1) Defer further proceeding and place the defendant on probation
as provided by law; or (2) Sentence the defendant to a term of confinement as provided by
law. (b) Upon violation by the defendant of the terms of probation, upon
a conviction for another crime during the period of probation, or
upon the court determining that the defendant is or was not eligible
for sentencing under this article, the court may enter an
adjudication of guilt and proceed as otherwise provided by law. No
person may avail himself of this article on more than one occasion. (c) The court shall not sentence a defendant under the provisions of
this article and, if sentenced under the provisions of this article,
shall not discharge the defendant upon completion of the sentence
unless the court has reviewed the defendant's criminal record as
such is on file with the Georgia Crime Information Center. |