Home/Supreme Court of Georgia/Higdon v. Cooper

Higdon v. Cooper

279 S.E.2d 451, 247 Ga. 746, 1981 Ga. LEXIS 865
CourtSupreme Court of Georgia
DecidedJune 30, 1981
Docket37538
StatusPublished
Cited by12 cases

This text of 279 S.E.2d 451 (Higdon v. Cooper) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Higdon v. Cooper, 279 S.E.2d 451, 247 Ga. 746, 1981 Ga. LEXIS 865 (Ga. 1981).

Opinion

Undercofler, Justice.

On June 1,1979, Higdon entered a guilty plea to burglary. Under a mistake that Higdon was a first offender, the trial court sentenced him to two years on probation, said probation conditioned upon successful completion of the “Gateway House” program. Higdon was confined under this sentence. Later it was discovered Higdon was not a first offender and on June 15,1979, the trial court revoked the two year probated sentence and Higdon was sentenced to five years confinement. The trial court found that, “. . . Higdon acted in conscious deceit and misrepresentation as to his apparent lack of prior convictions in that he not only remained silent as the District Attorney stated that said Higdon had no prior record. ...”

Higdon’s writ of habeas corpus was denied and he is here on appeal. We reverse. The law is clear. Once a defendant begins to serve his sentence it may not be increased. England v. Newton, 238 Ga. 534, 536 (233 SE2d 787) (1977).

Judgment reversed.

All the Justices concur, except Jordan, C. J,, and Marshall, J., who concur in the judgment only.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Locklear v. State
534 S.E.2d 575 (Court of Appeals of Georgia, 2000)
Vann v. State
506 S.E.2d 173 (Court of Appeals of Georgia, 1998)
Harp v. State
491 S.E.2d 923 (Court of Appeals of Georgia, 1997)
State v. Hardesty
129 Wash. 2d 303 (Washington Supreme Court, 1996)
Harris v. State
410 S.E.2d 123 (Court of Appeals of Georgia, 1991)
Edge v. State
391 S.E.2d 18 (Court of Appeals of Georgia, 1990)
Lester v. State
378 S.E.2d 364 (Court of Appeals of Georgia, 1989)
Castillo v. State
342 S.E.2d 782 (Court of Appeals of Georgia, 1986)
McClinic v. State
321 S.E.2d 796 (Court of Appeals of Georgia, 1984)
Strickland v. State
300 S.E.2d 537 (Court of Appeals of Georgia, 1983)
Curry v. State
281 S.E.2d 604 (Supreme Court of Georgia, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
279 S.E.2d 451, 247 Ga. 746, 1981 Ga. LEXIS 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higdon-v-cooper-ga-1981.