258 S.E.2d 171 (Ga.App. 1979), 57867, Wood v. State

Docket Nº57867.
Citation258 S.E.2d 171, 150 Ga.App. 582
Opinion JudgeBANKE, Judge.
Party NameWOOD et al. v. The STATE.
Attorney[150 Ga.App. 583] Glenn Zell, Atlanta, for appellants. Hinson McAuliffe, Sol., Leonard W. Rhodes, George M. Weaver, Assts. Sols., for appellee.
Judge PanelMcMURRAY, P. J., and UNDERWOOD, J., concur.
Case DateJune 05, 1979
CourtCourt of Appeals of Georgia

Page 171

258 S.E.2d 171 (Ga.App. 1979)

150 Ga.App. 582

WOOD et al.

v.

The STATE.

No. 57867.

Court of Appeals of Georgia.

June 5, 1979

Casemaker Note: Portions of this opinion were specifically rejected by a later court in 158 Ga.App. 309.

Casemaker Note: Portions of this opinion were specifically rejected by a higher court in 450 U.S. 261.

Casemaker Note: Portions of this opinion were specifically rejected by a later court in 291 S.E.2d 756

Casemaker Note: Portions of this opinion were specifically rejected by a later court in 280 S.E.2d 439

Argued May 3, 1979.

Rehearing Denied July 6, 1979.

Certiorari Denied Sept. 4, 1979.

[150 Ga.App. 583] Glenn Zell, Atlanta, for appellants.

Hinson McAuliffe, Sol., Leonard W. Rhodes, George M. Weaver, Assts. Sols., for appellee.

BANKE, Judge.

Each of the three appellants was convicted of distributing obscene materials and each was sentenced to pay a fine and to serve 12 months on probation. Following the affirmance of these convictions on appeal, the trial court entered probation orders requiring each appellant to make payments of $500 per month towards payment of his or her fine as a condition of probation. Thereafter, each appellant's probation was revoked for failure to make the $500 payments as directed.

At the revocation hearing, it was established that none of the appellants had the financial resources to make the payments. On appeal, the appellants contend that to revoke their probation under these circumstances amounts to imprisoning them for their indigency, in violation of their rights under the Fourteenth Amendment of the United States Constitution. They further contend that the trial court was without authority under Georgia law to require payment of the fines as a condition of probation. Held :

1. In Hunter v. Dean, 240 Ga. 214, 239 S.E.2d 791 (1977), a requirement that a defendant pay a fine as a condition precedent to serving a sentence on probation was held not to violate the equal protection or due process provisions of the United States Constitution, even "when the defendant is indigent and unable to make immediate payment of the fine." See generally Code Ann. § 27-2709. The appellants contend that while this may be the law where payment of the fine is required as a condition precedent to probation, the situation is different where payment of...

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10 practice notes
  • 270 S.E.2d 50 (Ga.App. 1980), 59871, Simpson v. State
    • United States
    • Georgia Court of Appeals of Georgia
    • June 2, 1980
    ...but merely invoked the previously imposed confinement portion of the sentence. This is not invidious discrimination. Wood v. State, 150 Ga.App. 582, 583, 258 S.E.2d 171; Young v. State, 152 Ga.App. 108(1), 262 S.E.2d 258; Calhoun v. Couch, 232 Ga. 467, 468, 207 S.E.2d 455, supra; Barnett v.......
  • 296 S.E.2d 368 (Ga.App. 1982), 64594, Edge v. State
    • United States
    • Georgia Court of Appeals of Georgia
    • October 20, 1982
    ...Georgia, 450 U.S. 261, 264-265, 101 S.Ct. 1097, 1099-1100, 67 L.Ed.2d 220 (1980), vacating and remanding on other grounds Wood v. State, 150 Ga.App. 582, 258 S.E.2d 171, which casts doubt on the holding in Simpson v. State, 154 Ga.App. 775, 270 S.E.2d 50. See also Nixon v. State, 159 Ga.App......
  • 258 S.E.2d 195 (Ga.App. 1979), 57751, Howard v. Cofer
    • United States
    • Georgia Court of Appeals of Georgia
    • June 19, 1979
    ...of Appeals of Georgia. June 19, 1979 Submitted May 7, 1979. Rehearing Denied July 6, 1979. Certiorari Denied Sept. 25, 1979. Page 196 [150 Ga.App. 582] Ben Lancaster, Cartersville, for appellant. Arthur K. Bolton, Atty. Gen., William B. Hill, Asst. Atty. Gen., for appellees. CARLEY, Judge. ......
  • 291 S.E.2d 756 (Ga.App. 1982), 63977, Malcom v. State
    • United States
    • Georgia Court of Appeals of Georgia
    • May 26, 1982
    ...Held : Based on the Georgia Supreme Court's ruling in Hunter v. Dean, 240 Ga. 214, 239 S.E.2d 791 (1977), this court, in Wood v. State, 150 Ga.App. 582, 258 S.E.2d 171 (1979), and Simpson v. State, 154 Ga.App. 775, 270 S.E.2d 50 (1980), held that a defendant's probation may be revoked for f......
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10 cases
  • 270 S.E.2d 50 (Ga.App. 1980), 59871, Simpson v. State
    • United States
    • Georgia Court of Appeals of Georgia
    • June 2, 1980
    ...but merely invoked the previously imposed confinement portion of the sentence. This is not invidious discrimination. Wood v. State, 150 Ga.App. 582, 583, 258 S.E.2d 171; Young v. State, 152 Ga.App. 108(1), 262 S.E.2d 258; Calhoun v. Couch, 232 Ga. 467, 468, 207 S.E.2d 455, supra; Barnett v.......
  • 296 S.E.2d 368 (Ga.App. 1982), 64594, Edge v. State
    • United States
    • Georgia Court of Appeals of Georgia
    • October 20, 1982
    ...Georgia, 450 U.S. 261, 264-265, 101 S.Ct. 1097, 1099-1100, 67 L.Ed.2d 220 (1980), vacating and remanding on other grounds Wood v. State, 150 Ga.App. 582, 258 S.E.2d 171, which casts doubt on the holding in Simpson v. State, 154 Ga.App. 775, 270 S.E.2d 50. See also Nixon v. State, 159 Ga.App......
  • 258 S.E.2d 195 (Ga.App. 1979), 57751, Howard v. Cofer
    • United States
    • Georgia Court of Appeals of Georgia
    • June 19, 1979
    ...of Appeals of Georgia. June 19, 1979 Submitted May 7, 1979. Rehearing Denied July 6, 1979. Certiorari Denied Sept. 25, 1979. Page 196 [150 Ga.App. 582] Ben Lancaster, Cartersville, for appellant. Arthur K. Bolton, Atty. Gen., William B. Hill, Asst. Atty. Gen., for appellees. CARLEY, Judge. ......
  • 291 S.E.2d 756 (Ga.App. 1982), 63977, Malcom v. State
    • United States
    • Georgia Court of Appeals of Georgia
    • May 26, 1982
    ...Held : Based on the Georgia Supreme Court's ruling in Hunter v. Dean, 240 Ga. 214, 239 S.E.2d 791 (1977), this court, in Wood v. State, 150 Ga.App. 582, 258 S.E.2d 171 (1979), and Simpson v. State, 154 Ga.App. 775, 270 S.E.2d 50 (1980), held that a defendant's probation may be revoked for f......
  • Request a trial to view additional results