Mathews v. State, A98A1436.
| Decision Date | 24 August 1998 |
| Docket Number | No. A98A1436.,A98A1436. |
| Citation | 506 S.E.2d 225,234 Ga. App. 111 |
| Parties | MATHEWS v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
White & Bloodworth, Michael M. White, for appellant.
Daniel J. Porter, District Attorney, George F. Hutchinson III, Assistant District Attorney, for appellee.
Gerald Mathews was granted an out-of-time appeal from denial of his motion to modify his probationary sentence after his plea of guilty to rape. In it he contends the trial court improperly denied his request to remove the prohibition on his contacting or associating with the victim of the rape, S. V., also his common-law wife and the mother of his two children. We affirm.
Mathews was tried for rape, but the jury was split between convicting of rape or battery and a mistrial was granted. S.V. testified at that trial and during the sentencing hearing that she was raped and that she was afraid of Mathews, both for herself and her children, and did not want to have contact with him.
On November 14, 1995, Mathews entered his negotiated plea of guilty, agreeing to a sentence of eleven years and five months, which, with credit for the year and five months he had already served, resulted in a probated sentence of ten years. With Mathews' full understanding, the court imposed as a special condition of probation that he not have any contact with S.V., although arrangements were made for him to have supervised visits with his children.
On August 19, 1997, Mathews filed his motion to modify, in which S.V. unsuccessfully attempted to join. She testified on behalf of Mathews and expressed her desire to renew their relationship and have the special condition removed, although she reaffirmed that he had raped her at their home.
Mathews argued below and here that such a condition violates his constitutional right to freedom of association, although no authority was or is cited for the proposition that imposition of special conditions of probation can amount to such a deprivation.
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Jones v. State
...authorizes conditions that limit a probationer from "consorting with specified groups of people."). 17. See Mathews v. State, 234 Ga.App. 111, 506 S.E.2d 225, 225-26 (1998) (special probation condition barring defendant who pled guilty to rape from contacting or associating with rape victim......
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Chaney v. State
...to visit his teenage children and also permitted him to communicate with his wife in writing and by telephone"); Mathews v. State , 234 Ga. App. 111, 506 S.E.2d 225 (1998) (in rape case, approving special condtion that defendant "not have any contact with S. V., although arrangements were m......
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Jones v. State
...especially where a family relationship provided the opportunity for the past criminal conduct." (Citation omitted.) Mathews v. State , 234 Ga. App. 111, 506 S.E.2d 225 (1998) (affirming special condition that prevented contact even though victim was defendant’s common-law wife and wanted to......
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Moody v. State, A01A1088.
...(1) violated his state constitutional right to privacy and (2) was "invalid, unreasonable and unenforceable." In Mathews v. State, 234 Ga.App. 111-112, 506 S.E.2d 225 (1998), we upheld a similar probation condition that prohibited contact between the defendant and his wife. In Mathews, the ......