Brock v. State, 64889
| Decision Date | 04 January 1983 |
| Docket Number | No. 64889,64889 |
| Citation | 299 S.E.2d 71,165 Ga.App. 150 |
| Court | Georgia Court of Appeals |
| Parties | BROCK v. The STATE. |
Kennedy R. Packer, Athens, for appellant.
Ken Stula, Sol., Athens, for appellee.
Jerry Eugene Brock was arrested and charged with driving under the influence of intoxicants and disregarding a stop sign. He pled guilty to the second offense only and was sentenced to 12 months probation and fined $100.00. One of the conditions of probation was that Brock's driver's license be suspended for a period of 12 months "to be surrendered to the court's clerk..." The sole enumeration of error on appeal challenges the authority of the trial court to impose such a condition.
Code Ann. § 27-2711 (now OCGA § 42-8-35), which relates to the terms and conditions of probation generally, provides that a trial court shall determine the terms and conditions of probation and may provide that the probationer do or refrain from doing certain enumerated acts. The acts enumerated in this statute are not exclusive, and the trial court has the authority to impose conditions not specifically listed therein. Gay v. State, 101 Ga.App. 225(1), 113 SE2d 223 (1960). Code Ann. § 27-2506 (now OCGA § 17-10-3(e)(4)), which relates to punishment in misdemeanor cases, provides: "In addition to or instead of any other penalty for the punishment of a misdemeanor involving a traffic offense, ... a judge may impose any one or more of the following sentences: ... (d) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge." This statute goes on to enumerate several conditions which may be ordered. Because the language of Code Ann. § 27-2506, like that of § 27-2711, is permissive rather than directory, the acts enumerated in the former statute, like those in the latter, are not exclusive.
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