Cockrell v. Brown, S93A1234

Decision Date13 September 1993
Docket NumberNo. S93A1234,S93A1234
Citation433 S.E.2d 585,263 Ga. 345
PartiesCOCKRELL v. BROWN, Warden.
CourtGeorgia Supreme Court

Roger A. Baruch, Prisoner Legal Counseling Project, University of Georgia, Athens, for Cockrell.

Mark E. Mitchell, Asst. Dist. Atty., Southern Judicial Circuit, Thomasville, H. Lamar Cole, Dist. Atty., Valdosta, Johnny Mack Brown, Warden, R. Bruce Warren, Whitehurst, Cohen & Blackburn, Thomasville, for Brown.


OCGA § 42-8-34.1(b) provides, in part, that

[a]t any revocation hearing, upon proof that the defendant has violated any provision of probation or suspension other than by commission of a new felony offense, ... the court may revoke the balance of probation or not more than two years in confinement, whichever is less.

After Cockrell's probation revocation hearing, the trial court ordered Cockrell to serve six months in jail for each of the seven probation violations found, 1 none of which was a felony, for a total of three and one-half years. That order violates the plain words of § 42-8-34.1(b), which limits confinement for probation revocation to no more than two years. Therefore, we hereby vacate the judgment and remand this case to the trial court for resentencing to a term no greater than two years.

Judgment vacated and case remanded for resentencing.

All the Justices concur.

1 The trial court found that Cockrell had violated the following provisions of his probation: 1) avoid injurious and vicious habits; 2) regularly report to the probation supervisor as directed and permit such supervisor to visit him at home or elsewhere; 3) do not change present place of abode, move outside the jurisdiction of the court or leave the state for any period of time without prior permission of the probation supervisor; 4) pay a probation fee of $10 per month; 5) pay a fine of $500; 6) reimburse county for expenses incurred in appointment of court appointed counsel; and 7) make restitution to victim in the amount of $354.

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6 cases
  • Lawrence v. State, A97A1695
    • United States
    • Georgia Court of Appeals
    • 7 Octubre 1997
    ...a monthly probation supervision fee, special conditions that are covered by OCGA § 42-8-34.1(d). The earlier case of Cockrell v. Brown, 263 Ga. 345, 433 S.E.2d 585 (1993), focused only on subsection (b) of the statute and did not address the applicability of subsection (c) even though some ......
  • Gardner v. State
    • United States
    • Georgia Court of Appeals
    • 29 Enero 2003
    ...omitted.) Cobb County Bd. of Tax Assessors v. Morrison, 249 Ga.App. 691, 693, 548 S.E.2d 624 (2001). 9. See, e.g., Cockrell v. Brown, 263 Ga. 345, 433 S.E.2d 585 (1993) (judgment vacated and case remanded to the trial court "for resentencing to a term no greater than two years"). 10. Compar......
  • Echols v. State
    • United States
    • Georgia Court of Appeals
    • 27 Julio 1998
    ...stating otherwise.8 Judgment affirmed. POPE, P.J., and RUFFIN, J., concur. 1. See OCGA § 42-8-35(3), (11). 2. See Cockrell v. Brown, 263 Ga. 345, 433 S.E.2d 585 (1993) (violation of probation other than by commission of felony limits revocation to two 3. Ashton v. State, 217 Ga.App. 337, 33......
  • Dunn v. State, S93A0881
    • United States
    • Georgia Supreme Court
    • 13 Septiembre 1993
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