Crawley v. State, 67431
| Citation | 313 S.E.2d 142,169 Ga.App. 442 |
| Decision Date | 04 January 1984 |
| Docket Number | No. 67431,67431 |
| Parties | CRAWLEY v. The STATE. |
| Court | United States Court of Appeals (Georgia) |
Harry D. Dixon, Jr., Dist. Atty., Richard E. Currie, Asst. Dist. Atty., for appellee.
Defendant was convicted of the offense of theft by taking. On November 16, 1981, he was sentenced to serve a term of five years which sentence was probated with the payment of a $1,000 fine (shown in the probated conditions as $501) and restitution, in addition to various other general and special conditions of the probation.
On January 28, 1982, he was cited for revocation of probation for the violation of a number of conditions of his probation (charged with disorderly conduct, being in an intoxicated condition, having purchased a 1/2 pint of Wild Irish Rose wine, and failing to report to his probation officer and not having paid any of the court ordered monies as directed). After a hearing the trial court revoked three years of the probated sentence and upon service of same to return to probation to serve the balance of the original sentence on probation under the same rules and regulations of the original sentence. Defendant appeals. Held:
Defendant's counsel (the public defender) has filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 contending that after conscientious examination of the record and transcript of the proceedings it is counsel's opinion that the appeal is wholly frivolous. Counsel has accompanied this request with a brief setting forth anything in the record that might arguably support the appeal and has furnished a copy of same and a letter explaining same to the defendant advising him that he may raise any additional points pro se.
Defendant's enumeration of error is that the trial court manifestly abused its discretion in revoking three years of the probated sentence. Counsel's argument is that it appears that the defendant has an alcohol abuse problem and sentencing him to prison is certainly not conducive to curing the problem. Further, the defendant was actively attempting to abide by the conditions with reference to the payment of the fine and restitution but his sudden unemployment made him unable to carry out his duties. For these reasons it is contended that the trial court manifestly abused its discretion in revoking three years of the probated sentence.
After careful examination of the record and transcript which discloses...
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Cordle v. State, 69119
...than work on his days off. Only slight evidence is necessary for the trial court to revoke a sentence of probation. Crawley v. State, 169 Ga.App. 442, 313 S.E.2d 142 (1984). " 'This court will not interfere with a revocation unless there has been a manifest abuse of discretion on the part o......