McGiboney v. State

Court of Appeals of Georgia

McGiboney v. State

274 S.E.2d 667, 156 Ga. App. 222, 1980 Ga. App. LEXIS 3005

CourtCourt of Appeals of Georgia

DecidedOctober 24, 1980

Docket60653

StatusPublished

Cited by3 cases

This text of 274 S.E.2d 667 (McGiboney v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McGiboney v. State, 274 S.E.2d 667, 156 Ga. App. 222, 1980 Ga. App. LEXIS 3005 (Ga. Ct. App. 1980).

Pincite

Opinion

Shulman, Judge.

While serving two probated sentences for burglary and one probated sentence for driving a motor vehicle after having been declared an habitual violator, appellant was arrested again for driving a motor vehicle. For that violation of the conditions of appellant’s probation, the trial court revoked two and one-half years of probation. This appeal is from that judgment.

Appellant’s enumerations of error amount to an appeal on the general grounds and a contention that the “slight evidence” standard applicable to probation revocation hearings is a denial, of due process. Appellant’s assertion of the general grounds is clearly without merit in view of the confession he made in open court during the revocation hearing. The argument concerning the evidentiary standard applicable in probation revocation proceedings was not raised in any manner below and, therefore, presents no issue for review in this court. Leonard v. State, 146 Ga. App. 436 (1) (246 SE2d 450).

Judgment affirmed.

Quillian, P. J., and Carley, J., concur. *223 J. W. Morgan, District Attorney, for appellee.

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

Shulman, Judge.

While serving two probated sentences for burglary and one probated sentence for driving a motor vehicle after having been declared an habitual violator, appellant was arrested again for driving a motor vehicle. For that violation of the conditions of appellant’s probation, the trial court revoked two and one-half years of probation. This appeal is from that judgment.

Appellant’s enumerations of error amount to an appeal on the general grounds and a contention that the “slight evidence” standard applicable to probation revocation hearings is a denial, of due process. Appellant’s assertion of the general grounds is clearly without merit in view of the confession he made in open court during the revocation hearing. The argument concerning the evidentiary standard applicable in probation revocation proceedings was not raised in any manner below and, therefore, presents no issue for review in this court. Leonard v. State, 146 Ga. App. 436 (1) (246 SE2d 450).

Judgment affirmed.

Quillian, P. J., and Carley, J., concur. *223 J. W. Morgan, District Attorney, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

274 S.E.2d 667, 156 Ga. App. 222, 1980 Ga. App. LEXIS 3005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgiboney-v-state-gactapp-1980.

Opinion

Related

Cite This Page — Counsel Stack