Harvey v. Meadows

SEARS, Chief Justice.

In this habeas action, we granted an application for certificate of probable cause to consider whether a sentencing court’s oral warning to a defendant of the consequences of violating a special condition of probation substantially complies with the statutory requirement of OCGA § 42-8-34.1 (a) (2) that the sentencing court give the warning in writing in the court’s sentence. For the reasons that follow, we conclude that an oral warning does not substantially comply with the statute.

1. In 1998, Harvey pled guilty to theft by taking and was sentenced to ten years in prison…