Davenport v. State
Davenport v. State
Opinion of the Court
Marque Pasadena Davenport on November 8, 1976, entered pleas of guilty to charges of armed robbery and burglary. He was sentenced to ten years in the penitentiary for each crime, the last two years on probation, the two sentences to be served concurrently. After sentence review pursuant to Code Ann. § 27-2511.1, the panel reduced the sentence to “ten years (six years to be served in custody followed by four years on probation),” with the same conditions of probation. Davenport was released early for “good time” computed on the six years in custody and on March 11,1980, was charged with a violation of probation. After a hearing, the trial judge ordered that the four years probation, as imposed by the sentence review panel, be revoked and served in the penitentiary. Davenport appeals the probation revocation on the ground that the review panel exceeded the lawful authority of Code Ann. § 27-2511.1 by “increasing the term of years to be served on probation from two years to four years.” Held:
Davenport contends that because Code Ann. § 27-2511.1 (c) gives the review panel the authority to reduce or refuse to reduce the sentence originally imposed, but not to reduce any sentence to probation or to suspend any sentence, the statute does not contemplate an increase of the original probationary period. Thus, it is urged, the order of the review panel was invalid and appellant can
Judgment affirmed.
Reference
- Full Case Name
- DAVENPORT v. State
- Cited By
- 4 cases
- Status
- Published