Bowen v. State

Smith, Judge.

We granted Christopher C. Bowen’s appeal from the trial court’s order revoking his probation after the court determined that he violated the terms and conditions of his probation. Bowen contends that the State failed to satisfy its evidentiary burden under OCGA § 42-8-34.1 (a). We agree and reverse.

Bowen entered a negotiated guilty plea to the offense of statutory rape on March 11, 1997. Bowen received a probated sentence of 12 years subject to his compliance with certain terms and conditions including not “to use drugs in any illegal manner” and to submit to random drug testing.…