Gonzalez v. Hart

Hines, Presiding Justice.

This Court granted prisoner Arquimides Gonzalez’s application for a certificate of probable cause to appeal the denial of his petition for a writ of habeas corpus, posing the single question of whether the habeas court correctly applied this Court’s decision in Garza v. State, 284 Ga. 696 (670 SE2d 73) (2008). For the reasons that follow, we reverse the judgment of the habeas court and remand.

In 2007, a jury found Gonzalez guilty of family violence battery, 1 two counts of aggravated assault, kidnapping with bodily injury, and two counts of aggravated battery in…