Overby v. State

McMURRAY, Presiding Judge.

Defendant Marshall Overby pleaded guilty of a felony violation of the Georgia Controlled Substances Act, for growing marijuana, and received a ten-year sentence to be served under intensive probation. The State subsequently petitioned to revoke defendant’s probation on the ground he committed the new offenses of cruelty to children and battery on June 8, 1998.

At the hearing, the State’s only witness 1 was Officer Steve Daniel Thomas of the Franklin County Sheriff’s Department, who responded to a complaint at defendant’s residence. Defendant was not at the residence…