Johns v. State

Blackburn, Judge,

We granted this discretionary appeal to review the trial court’s judgment revoking the probation granted to Caecer Lydell Johns under the First Offender Act. OCGA § 42-8-60 et seq. Johns was originally indicted in 1993 under the alias “Kevin Nunnally” for sale of cocaine and possession of cocaine with intent to distribute. He and his attorney negotiated a guilty plea to a single charge of simple possession of cocaine. At the plea hearing on March 18, 1993, Johns’ attorney asked the court to consider first offender treatment, as “Nunnally” apparently had no prior record. The…