Johnson v. State

Decision Date06 January 1981
Docket NumberNo. 60727,60727
Citation274 S.E.2d 669,156 Ga.App. 511
PartiesJOHNSON v. The STATE.
CourtGeorgia Court of Appeals

E. Earl Seals, La Grange, for appellant.

William F. Lee, Jr., Dist. Atty., Marc E. Acree, Harger W. Hoyt, Asst. Dist. Attys., for appellee.

BANKE, Judge.

The appellant, a domestic worker, was given an 8-year probated sentence upon her plea of guilty to an accusation charging her with the theft of a ring worth $1,600 from her employer. As a condition of her probation, she was ordered to make restitution in the amount of $1,600 at the rate of $25 per week. After paying a total of $260, she quit making payments, and the trial court accordingly revoked four years of her probation. In this appeal, she contends that the restitution requirement of her probation was invalid because the value of the ring was never adjudicated as required by Code Ann. § 27-2711 (7). The state takes the position that no such adjudication was necessary because the value of the ring was not in dispute and that, in any event, the appellant admitted the correctness of the $1,600 valuation by pleading guilty to the accusation and by signing a written acknowledgment of the terms of her probation, both of which set the value at $1,600. Held :

Code Ann. § 27-2711 (7) provides that a probationer shall not be required to make restitution as a condition of probation "if the amount is in dispute unless the same has been adjudicated." Pursuant to this statute, a defendant who does not agree to the amount of restitution ordered by the trial court is normally required to contest the issue at the time the condition is imposed. See Biddy v. State, 138 Ga.App. 4 (4), 8, 225 S.E.2d 448 (1976); Wilson v. State, 151 Ga.App. 501 (10), 260 S.E.2d 527 (1979). In the case before us, however, the appellant was clearly uneducated, was not represented by counsel, and was never offered any meaningful opportunity to dispute the valuation set by the state. Furthermore, the victim swore in his affidavit in support of the arrest warrant that the ring was worth only $300. Thus, the record before the trial court at the time of sentencing itself presented a conflict as to the ring's value. Under these circumstances, we hold that the trial court was required either to inquire into and to adjudicate the actual value of the ring or to obtain from the appellant an affirmative indication that she...

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8 cases
  • Parker v. State
    • United States
    • Georgia Court of Appeals
    • 13 Marzo 2013
    ...properly imposed without adjudication given defendant failed to dispute or contest amount ordered by trial court); Johnson v. State, 156 Ga.App. 511, 274 S.E.2d 669 (1980) (“Pursuant to this statute, a defendant who does not agree to the amount of restitution ordered by the trial court is n......
  • Johnson v. State
    • United States
    • Georgia Court of Appeals
    • 16 Enero 1981
    ...ordered by the trial court is normally required to contest the issue at the time the condition is imposed." Johnson v. State, 156 Ga.App. 511, 274 S.E.2d 669 (1980). At trial the victim testified that he had incurred "approximately $3000.00" in medical expenses as the result of appellant's ......
  • Stowe v. State
    • United States
    • Georgia Court of Appeals
    • 15 Septiembre 1982
    ...151 Ga.App. 501(10), 260 S.E.2d 527 (1979); Bennett v. State, 141 Ga.App. 795(2), 234 S.E.2d 327 (1977). See also Johnson v. State, 156 Ga.App. 511, 274 S.E.2d 669 (1980). 3. We also disagree with appellant's contention that a directed verdict of acquittal should have been granted because t......
  • Baker v. State
    • United States
    • Georgia Court of Appeals
    • 27 Mayo 1987
    ...S.E.2d 708), and that the appellant did not object to the restitution order but was silent when it was given, citing Johnson v. State, 156 Ga.App. 511, 274 S.E.2d 669. We do not find that these just-cited cases render statutory error harmless or cut off the right of appeal of such error, if......
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