Bearden v. State

Citation161 Ga.App. 640,288 S.E.2d 662
Decision Date24 February 1982
Docket NumberNo. 62930,62930
PartiesBEARDEN v. The STATE.
CourtUnited States Court of Appeals (Georgia)

James H. Lohr, Fort Oglethorpe, for appellant.

POPE, Judge.

Danny Ray Bearden appeals the revocation of his probation. He enumerates as error the revocation of his probation on a ground not asserted in the petition to revoke his probation. He also enumerates a violation of the Constitution in the trial court's revocation of his probation on the ground that he had failed to pay the fine and restitution assessed.

On October 8, 1980 appellant pled guilty to the offenses of theft by receiving stolen property and burglary. He was placed on probation as a first offender pursuant to Code Ann. § 27-2727. For the offense of theft by receiving stolen property, he was required to serve one year on probation upon payment of $200.00 restitution, said restitution to be paid within four months of October 8, 1980. For the offense of burglary he was required to serve three years on probation upon payment of a fine of $500.00 and restitution in the amount of $50.00 appellant was required to pay $200.00 of the fine almost immediately and $350.00 comprising fine and restitution within four months of October 8, 1980. The state moved on May 27, 1981 to revoke appellant's probation on the grounds that he had committed a burglary on May 10, 1981 and also that he had failed to pay the $550.00 balance of the foregoing fine and restitution. Following a hearing on the petition on June 3, 1981, the trial court found that appellant had not paid the required fine and restitution and also found that appellant had failed to report to his probation officer as directed." The trial court revoked appellant's probation and sentenced him to concurrently serve five years for the offense of burglary and three years for the offense of theft by receiving stolen property.

1. Appellant testified during the course of his revocation hearing that he was unemployed and could not pay any portion of the $550.00 balance of the fine and restitution. "This testimony provided an adequate basis for the trial court's order revoking appellant's probation. 'Only slight evidence is required to authorize revocation, (cit.) and where there is even slight evidence of misconduct, the appellate court will not interfere with revocation unless there has been manifest abuse of discretion. (Cits.)' Boston v. State, 128 Ga.App. 576, 197 S.E.2d 504 (1973). Thus, even assuming that the record supported appellant's contention that the trial court based its revocation order in part upon his [failure to regularly report to his probation officer], no notice of which ground was provided to him prior to the revocation hearing, the order of the trial court revoking his probation will nevertheless be upheld because it rests alternatively upon the independent determination by the court that appellant violated yet another of the conditions of his probation." Simmons v. State, 156 Ga.App. 336, 337, 274 S.E.2d 726 (1980); see also Simpson v. State, 154 Ga.App. 775(2), 270...

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8 cases
  • Thomas v. Haslam
    • United States
    • U.S. District Court — Middle District of Tennessee
    • July 2, 2018
    ...Bearden , 461 U.S. at 663, 673–74, 103 S.Ct. 2064 (discussing parole hearing afforded in Bearden case), reversing Bearden v. State , 161 Ga.App. 640, 288 S.E.2d 662, 663 (1982) (explaining that a trial court's revocation decision was reviewable, under Georgia law, only for abuse of discreti......
  • Robinson v. Purkey
    • United States
    • U.S. District Court — Middle District of Tennessee
    • June 11, 2018
    ...paid" (emphasis added)); Bearden, 461 U.S. at 663, 673-74 (discussing parole hearing afforded in Bearden case), reversing Bearden v. State, 288 S.E.2d 662, 663 (1982) (explaining that a trial court's revocation decision was reviewable, under Georgia law, only for abuse of discretion). 12. E......
  • Robinson v. Purkey
    • United States
    • U.S. District Court — Middle District of Tennessee
    • October 16, 2018
    ...paid" (emphasis added)); Bearden, 461 U.S. at 663, 673-74 (discussing parole hearing afforded in Bearden case), reversing Bearden v. State, 288 S.E.2d 662, 663 (1982) (explaining that a trial court's revocation decision was reviewable, under Georgia law, only for abuse of discretion). 24. E......
  • Thomas v. Haslam
    • United States
    • U.S. District Court — Middle District of Tennessee
    • March 26, 2018
    ...); Bearden , 461 U.S. at 663, 673–74, 103 S.Ct. 2064 (discussing parole hearing afforded in Bearden case), reversing Bearden v. State , 161 Ga.App. 640, 288 S.E.2d 662, 663 (1982) (explaining that a trial court's revocation decision was reviewable, under Georgia law, only for abuse of discr......
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