Barnett v. Hopper, 29859
Decision Date | 01 July 1975 |
Docket Number | No. 29859,29859 |
Citation | 217 S.E.2d 280,234 Ga. 694 |
Parties | Tyrone F. BARNETT v. Joe S. HOPPER, Warden. |
Court | Georgia Supreme Court |
James C. Bonner, Jr., Jackson, for appellant.
Arthur K. Bolton, Atty. Gen., David L. G. King, Jr., Asst. Atty. Gen., Atlanta, for appellee.
Tyrone F. Barnett, now serving a ten-year sentence for armed robbery in the Georgia State Prison at Reidsville, appeals from the denial (following an evidentiary hearing below) of his habeas corpus petition. Barnett, with the assistance of private counsel, pled guilty, and was sentenced in 1973.
Barnett claims he has been deprived of equal protection of the law by the fact that his sentence was probated upon payment of a fine of $2,000 and that he cannot pay the fine due to his indigency. His co-defendant pled guilty, received the same sentence, paid the fine and is on probation.
We affirm under the ruling in Calhoun v. Couch, 232 Ga. 467, 207 S.E.2d 455:
The petition being without merit, the court below did not err in remanding Barnett to the custody of the warden.
Judgment affirmed.
All of the Justices concur.
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Hunter v. Dean, 32401
...in Barnett v. Hopper, 548 F.2d 550 (5th Cir. 1977), in granting habeas relief previously denied by this court in Barnett v. Hopper, 234 Ga. 694, 217 S.E.2d 280 (1975). Consequently, we are asked to reexamine our holdings in Calhoun v. Couch, 232 Ga. 467, 207 S.E.2d 455 (1974), and Barnett v......
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Simpson v. State, s. 59871
...that they are "not necessarily invidious discrimination" even though defendant may be unable to pay the fine. See also Barnett v. Hopper, 234 Ga. 694, 217 S.E.2d 280. Under Code Ann. § 27-2711 (Ga.L.1956, pp. 27, 32; as amended through 1965 pp. 413, 416), the sentence imposed in the instant......
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