Hulett v. State, 58043
| Decision Date | 19 June 1979 |
| Docket Number | No. 58043,58043 |
| Citation | 150 Ga.App. 367,258 S.E.2d 48 |
| Parties | HULETT v. The STATE. |
| Court | Georgia Court of Appeals |
Hall, Bloch, Garland & Meyer, William D. Harrison, Macon, for appellant.
W. Donald Thompson, Dist. Atty., Willis B. Sparks, III, Asst. Dist. Atty., for appellee.
1. On a probation revocation hearing, slight evidence will be sufficient to support a judgment revoking the probationary feature of the sentence. Turner v. State, 119 Ga.App. 117, 166 S.E.2d 582 (1969).
2. That the defendant was found, two hours after the theft of an automobile temporarily left with motor running in front of a liquor store, driving the automobile away from another liquor store, is sufficient evidence on such a hearing that the defendant stole the vehicle. Queen v. State, 131 Ga.App. 370(1), 205 S.E.2d 921 (1974).
3. Additionally, the defendant here admitted escaping from the Macon Diversion Center for alcoholics to which he had been sent for his alcohol problem and to being under the influence of intoxicants, both of which acts were in violation of the terms of his probation.
4. "The Court of Appeals is a court for the correction of errors of law only and has no jurisdiction to hear evidence aliunde the record or to decide disputed issues of fact." Jones v. Smith, 83 Ga.App. 798(1), 65 S.E.2d 188 (1951). The transcript of a hearing occurring after the parole revocation judgment is not part of this case; it was apparently included at the instance of the state for the purpose of indicating that the defendant had given contradictory testimony in a subsequent criminal proceeding. That case has nothing to do with this one and the transcript therein will not be considered by this court for any purpose.
5. Motions for continuance generally lie within the discretion of the trial judge. Wellons v. State, 144 Ga.App. 218(2), 240 S.E.2d 768 (1977). Where the witness has not been subpoenaed (in this case two witnesses: the defendant's fianceee and a person from whom he claimed to have purchased the stolen automobile) and where other statutory requirements have not been met, it is not an abuse of discretion to refuse a postponement of the hearing in order to subpoena these persons. Carroll v. Crawford, 218 Ga. 635, 129 S.E.2d 865 (1963).
6. In the face of disputed testimony, that for the state clearly showing that there was no coercion, the introduction in evidence of a waiver of counsel and a confession of...
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McTaggart v. State
...and material facts set forth in a proffer of proof. See Dorsey v. State, 203 Ga.App. 397, 416 S.E.2d 879 (1992); Hulett v. State, 150 Ga.App. 367, 258 S.E.2d 48 (1979). Counsel failed to show that he reasonably could expect to have the witnesses present in court without undue delay. Miller ......
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Halthon-Howard v. State
...is not an abuse of discretion to refuse a postponement of the hearing in order to subpoena these persons. [Cit.]" Hulett v. State, 150 Ga.App. 367, 368(5), 258 S.E.2d 48 (1979). See also Brown v. State, 169 Ga.App. 520, 521(1), 313 S.E.2d 777 (1984); Bryant v. State, 164 Ga.App. 543, 298 S.......
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Parrish v. State
...evidence supported revocation of his probation is without merit. Slight evidence is sufficient to support revocation, Hulett v. State, 150 Ga.App. 367, 258 S.E.2d 48 (1979), and review of the record revealed that standard to have been 5. The record further does not support appellant's asser......
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Dunn v. State
...court and the defendant having failed to point out any abuse of discretion, we find no merit in this complaint. See Hulett v. State, 150 Ga.App. 367, 368(5), 258 S.E.2d 48. 2. The next enumeration of error is that the trial court allowed the State "to bring and put appellant's character int......