Wilson v. State

Blackburn, Presiding Judge.

Charles Wilson appeals the denial of his motion to terminate his probation, contending that the trial court erred in ruling that his probation was properly tolled based on OCGA § 42-8-36 (a). Because the alleged affidavit upon which the trial court relied lacked proper attestation and oath, and the State did not comply with any other provision of that Code section, we must reverse.

The undisputed record shows that, based on Wilson’s no-contest plea to a charge of interfering with property of a public utility, Wilson was sentenced in May 2005 to 12 months of probation…