Evans v. State, 59374
| Decision Date | 06 March 1980 |
| Docket Number | No. 59374,59374 |
| Citation | 153 Ga.App. 764,266 S.E.2d 545 |
| Parties | EVANS v. The STATE. |
| Court | Georgia Court of Appeals |
Vicki C. Affleck, Athens, for appellant.
Harry N. Gordon, Dist. Atty., B. Thomas Cook, Jr., Asst. Dist. Atty., for appellee.
Defendant appeals the revocation of his probation based upon his alleged commission of a burglary, for which offense he had not been tried at the time of the revocation hearing. He submits that the trial court's refusal (upon defendant's motion) to postpone the revocation hearing until after the disposition of the burglary charge contravened principles of due process and fundamental fairness. Defendant does not complain on appeal of the sufficiency of the evidence upon which the court revoked defendant's probation.
Under the authority of Johnson v. State, 142 Ga.App. 124, 235 S.E.2d 550, affd. 240 Ga. 526, 242 S.E.2d 53; U. S. cert. den., 439 U.S. 881, 99 S.Ct. 221, 58 L.Ed.2d 194; and Dickerson v. State, 136 Ga.App. 885, 222 S.E.2d 649, we affirm the order of the trial court revoking defendant's probation.
In Johnson, this court affirmed the trial court's revocation of defendant's probation based upon defendant's alleged commission of a burglary, despite the fact that defendant was found not guilty of the burglary offense prior to the revocation hearing. Johnson held that such actions did not subject the defendant to double jeopardy in violation of the 5th and 14th Amendments of the United States Constitution, stating that "a probation revocation hearing is only a hearing to determine whether the conduct of the defendant during the probation period has conformed to the terms and conditions outlined in the order of probation." Id., 142 Ga.App. p. 127, 235 S.E.2d p. 552. Citing United States v. Clanton, 419 F.2d 1304 (5th Cir. 1969), this court held that "(a)ll that is required (to revoke probation) is that the evidence and facts be such as to reasonably satisfy the judge that the conduct of the probationer has not been as good as required by the conditions of probation." Id., 142 Ga.App. p. 125, 235 S.E.2d p. 551.
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