Georgia Court of Appeals, 1975

Radcliff v. State

Georgia Court of Appeals · Decided February 19, 1975 · Quillian, Pannell, Clark

214 S.E.2d 179; 134 Ga. App. 244; 1975 Ga. App. LEXIS 1975 (South Eastern Reporter, Second Series)

Opinion

Quillian, Judge.

In the case sub judice the defendant’s probation was revoked because the trial judge found that the defendant was sitting in a car drinking beer at 4:00 a.m. While the evidence might have supported a finding that the defendant violated a condition of his probation which pro *245 hibited alcoholic intoxication, this was not one of the grounds stated in the petition for revocation of probation. Therefore the order of revocation was erroneous. Dingler v. State, 101 Ga. App. 312 (113 SE2d 496); George v. State, 99 Ga. App. 892 (109 SE2d 883); Gay v. State, 101 Ga. App. 225 (113 SE2d 223); Kendrick v. State, 125 Ga. App. 326 (187 SE2d 580).

Submitted February 4, 1975 Decided February 19, 1975 Rehearing denied March 11, 1975. Edward J. Magner, for appellant. George W. Darden, District Attorney, B. Wayne Phillips, Assistant District Attorney, for appellee.

Judgment reversed.

Pannell, P. J., and Clark, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.