Brady v. State

Ellington, Judge.

Terry Wayne Brady appeals his 12-month misdemeanor sentence for reckless conduct, OCGA § 16-5-60 (b). He contends his sentence is void because the trial court lacked authority to order that he serve his term of imprisonment in a probation detention center. For the reasons which follow, we reverse the sentence and remand for resentencing.

Brady was indicted in Pickens County for cruelty to children, OCGA § 16-5-70 (b), and obstruction of a police officer, OCGA § 16-10-24 (b). At a jury trial, the State presented evidence showing that on July 28, 1999, a foster care worker and…