Legal Opinion

Floyd v. State

Court of Appeals of Georgia

Decided September 13, 2012No. A12A1233Published

1Opinion of the Court

Boggs, Judge.

We granted Ashley Floyd’s application for discretionary review of a trial court order revoking her probation. Because the trial court did not err in revoking Floyd’s probation, but did err in refusing to give her credit for time served, we affirm in part and vacate in part, and remand this case with direction.

“A court may not revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged.” OCGA §…

2Cases cited7 opinions

  1. Huff v. McLartySupreme Court of Georgia · 1978
  2. Thurmond v. StateCourt of Appeals of Georgia · 2010
  3. Beeks v. StateCourt of Appeals of Georgia · 1984
  4. Marks v. StateCourt of Appeals of Georgia · 2010
  5. Burson v. StateCourt of Appeals of Georgia · 1982

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