Stephens v. State

Full title: STEPHENS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 10, 1980

272 S.E.2d 566 (Ga. Ct. App. 1980)

155 Ga. App. 674

Opinion

58683.

SUBMITTED OCTOBER 17, 1979.

DECIDED SEPTEMBER 10, 1980.

Revocation of probation. Coweta Superior Court. Before Judge Knight.

George C. Rosenzweig, for appellant.

William F. Lee, Jr., District Attorney, for appellee.

BIRDSONG, Judge.

The decision of this court in Stephens v. State, 152 Ga. App. 591 ( 263 S.E.2d 477), having been reversed by the Supreme Court on certiorari ( Stephens v. State, 245 Ga. 835 ( 268 S.E.2d 330) (1980)), our decision is hereby vacated and the decision of the Supreme Court is made our own. In accordance therewith, the trial court erred in not crediting Stephens with the period of time Stephens spent in rehabilitative probation as a first offender when the trial court vacated the probation and imposed sentence for the originally charged crime of burglary which had resulted in the probationary status.

Judgment reversed. Quillian, P. J., and Smith, J., concur.

SUBMITTED OCTOBER 17, 1979 — DECIDED SEPTEMBER 10, 1980.