Bolden v. State

Full title: BOLDEN v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jul 3, 2002

568 S.E.2d 588 (Ga. Ct. App. 2002)

256 Ga. App. 327

Opinion

A01A0527.

DECIDED: JULY 3, 2002

Probation revocation. DeKalb Superior Court. Before Judge Workman.

Gerald B. Kleinrock for appellant.

J. Tom Morgan, District Attorney, Barbara B. Conroy, Elisabeth G. Macnamara, Assistant District Attorneys, for appellee.

MIKELL, Judge.

In Bolden v. State, 250 Ga. App. 825 ( 552 S.E.2d 533) (2001), we affirmed the trial court's order revoking Cordie Bolden's probation, holding that the court was entitled to consider her nolo contendere plea for the limited purpose of resentencing her under the first offender provisions of OCGA § 42-8-60. On certiorari, the Supreme Court reversed our decision. The Supreme Court held that under OCGA § 17-7-95 (c), a nolo contendere plea may not be used to establish that a defendant violated the terms of her probation. Accordingly, our prior opinion is vacated, and the judgment of the Supreme Court is made the judgment of this court.

Judgment reversed. Blackburn, C. J., Pope, P.J., Andrews, P.J., Johnson, P.J., Eldridge and Miller, J.J., concur.

MIKELL, Judge.

DECIDED JULY 3, 2002.