Burson v. State
Burson v. State
Opinion of the Court
Appellant pled guilty to a two-count burglary indictment. As to the first count appellant received a five-year probated sentence with the following special condition ordered by the court: “Enroll in and attend a drug alcohol treatment program at the direction of the probation office.” As to the second count appellant received a five-year probated sentence with the following special condition ordered by the court: “Enroll in and complete a drug treatment program at direction of probation officer.” Subsequently a petition to revoke appellant’s probation was filed alleging that he had “violated the following terms and conditions of probation in the following particulars: SPECIAL CONDITION: ‘Enroll in and attend a Drug/Alcohol Treatment Program at the direction of the Probation Officer.’ Subject was discharged prior to the completion of the established treatment program of Mid-Step Drug/Alcohol Treatment Center of Tifton, Georgia on the 6th day of January, 1981,
1. Citing Collins v. State, 151 Ga. App. 116 (258 SE2d 769) (1979), appellant urges that the revocation petition was insufficient notice of the claimed violation of his probation that was to be asserted by the state and that his motion to dismiss on this ground was erroneously denied. Due process requires that the petition for revocation should demonstrate “specificity as to alleged violations of the probation conditions . . .” Ware v. State, 137 Ga. App. 673, 675 (224 SE2d 873) (1976). We believe the allegations of probation violations contained in the instant petition comport with due process notice requirements and are distinguishable from those in Collins. In the instant case, unlike Collins, the petition notified appellant with a sufficient degree of specificity that he would face charges of violating the probationary conditions of enrollment in a treatment program because he had refused to cooperate in the established procedure of his authorized program resulting in his being discharged from that program on a specified day prior to completion of the program. See generally Horton v. State, 122 Ga. App. 106 (176 SE2d 287) (1970). The transcript demonstrates that appellant was well aware of the circumstances surrounding his discharge from the treatment program and presented his version of those events at the revocation hearing. Under these circumstances we cannot say appellant was denied his due process rights to notice of the alleged violations of his probation upon which the revocation was being sought. See Wilson v. State, 152 Ga. App. 695, 696 (2) (263 SE2d 691) (1979).
2. Appellant asserts that the revocation petition by its language alleged a violation of the probationary conditions of his sentence on the first count of burglary (“enroll in and attend” a treatment program) not the conditions of his sentence on the second count of burglary (“enroll and complete” the program). In short, appellant contends that the petition alleged only a violation of his probationary condition as to the sentence for first count of burglary and the trial court erred in revoking his probation as to the sentence for the second count. See Kendrick v. State, 125 Ga. App. 326 (187 SE2d 580) (1972); Radcliff v. State, 134 Ga. App. 244 (214 SE2d 179) (1975). Appellant also asserts that the evidence was insufficient to authorize the revocation of his probated sentence for either count.
We find appellant’s argument meritless. The petition clearly gave specific notice to appellant that revocation of both probated sentences for both counts of burglary would be sought based upon the same alleged conduct. The petition not only alleged that appellant
Judgment affirmed.
Reference
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- BURSON v. State
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