Manville v. Hampton

Sears, Justice.

The State appeals from the order of the habeas corpus court granting relief to Petitioner. We find that the habeas court incorrectly ruled that the revocation of the full balance of Petitioner’s probation violated the provisions of OCGA § 42-8-34.1 (c), and that under our ruling in Gearinger v. Lee,1 the trial court was authorized to revoke the full balance of Petitioner’s probation upon finding that he had both violated a special condition of probation and committed a felony. Therefore, we reverse. We also note that due to problematic language in OCGA § 42-8-34.1 (c), the…