Burns v. State

Carley, Judge.

Appellant was convicted of the offense of theft by receiving stolen property at the July, 1977 term of the Forsyth Superior Court. The trial court sentenced appellant to a term of ten years, the initial five years of which were to be served in a state penal institution with the remaining five years to be served on probation. Appellant’s conviction was affirmed by this court on October 5, 1978. Burns v. State, 147 Ga. App. 429 (249 SE2d 145) (1978). In March of 1979 appellant filed a motion seeking to modify his sentence so that the same would be one served entirely on probation.…