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Johnson v. State

Court of Appeals of Georgia
Apr 30, 1982
162 Ga. App. 226 (Ga. Ct. App. 1982)

Opinion

63861.

DECIDED APRIL 30, 1982.

Probation revocation. Lowndes Superior Court. Before Judge Horkan.

William E. Moore, Jr., for appellant.

Joseph Johnson, pro se. H. Lamar Cole, District Attorney, Fred R. Simpson, Assistant District Attorney, for appellee.


The defendant appeals the revocation of his probation. Held:

1. The condition the defendant was charged with violating was one which provided for a "10:00 P.M. to 6:00 A.M. Curfew."

This court and our Supreme Court have often held that Code Ann. § 27-2711 (Ga. L. 1958, pp. 15, 23; as amended through Ga. L. 1965, pp. 413, 416) is to be construed as permissive rather than exclusive, permitting under its terms any reasonable probation condition to be imposed. George v. State, 99 Ga. App. 892, 893 (1) ( 109 S.E.2d 883); Gay v. State, 101 Ga. App. 225 (1) ( 113 S.E.2d 223); Geiger v. State, 140 Ga. App. 800, 802 (3) ( 232 S.E.2d 109); Wood v. State, 150 Ga. App. 582, 583 (2) ( 258 S.E.2d 171); State v. Collett, 232 Ga. 668, 670 ( 208 S.E.2d 472); Ward v. State, 248 Ga. 60, 63 (2) ( 281 S.E.2d 503).

2. From an examination of the record and transcript it is apparent that there is some evidence sufficient to sustain the trial judge's finding that the defendant violated the terms of his probation and that because of a pattern of several such violations his conduct was wilful and intentional.

Judgment affirmed. Shulman, P. J., and Carley, J., concur.

DECIDED APRIL 30, 1982.


Summaries of

Johnson v. State

Court of Appeals of Georgia
Apr 30, 1982
162 Ga. App. 226 (Ga. Ct. App. 1982)
Case details for

Johnson v. State

Case Details

Full title:JOHNSON v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 30, 1982

Citations

162 Ga. App. 226 (Ga. Ct. App. 1982)
291 S.E.2d 94

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