Dunahoo v. State

Court of Appeals of Georgia

Dunahoo v. State

184 S.E.2d 359, 124 Ga. App. 471, 1971 Ga. App. LEXIS 972

Court of Appeals of Georgia·Decided September 28, 1971·No. 46575·Published·Cited by 1 cases

Opinion

Hall, Presiding Judge.

Defendant appeals from the order revoking his probation. The sole ground for the petition of revocation was that defendant had violated a condition of probation requiring him to maintain a conventional haircut.

We have held this type of condition to be invalid in the recent case of Inman v. State, 124 Ga. App. 190 (183 SE2d 413). It follows that the court is without power to revoke a probation based on a violation of an invalid condition.

Judgment reversed with direction that the above condition be deleted from defendant’s order of probation and that his probation be reinstated.

Eberhardt and Whitman, JJ., concur.

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Hall, Presiding Judge.

Defendant appeals from the order revoking his probation. The sole ground for the petition of revocation was that defendant had violated a condition of probation requiring him to maintain a conventional haircut.

We have held this type of condition to be invalid in the recent case of Inman v. State, 124 Ga. App. 190 (183 SE2d 413). It follows that the court is without power to revoke a probation based on a violation of an invalid condition.

Judgment reversed with direction that the above condition be deleted from defendant’s order of probation and that his probation be reinstated.

Eberhardt and Whitman, JJ., concur.

Dunahoo v. State, 184 S.E.2d 359, 124 Ga. App. 471, 1971 Ga. App. LEXIS 972 (Ga. Ct. App. 1971).

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Opinion

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