Higdon v. State

Nahmias, Justice.

This case involves Georgia’s “first offender” statute, which provides, in relevant part, the following:(a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:

*822(1) Defer further proceeding and place the defendant on probation as provided by law; or(2) Sentence the defendant to a term of confinement as provided by law.(b) Upon violation by the defendant of the terms…