Wilson v. Bray

HUNSTEIN, Presiding Justice.

This case is controlled by our opinion in Wilson v. Windsor, 280 Ga. 576 (630 SE2d 367) (2006). The record establishes that appellee Bray, like the probationer in Wilson v. Windsor, did not meet the criteria for confinement in a probation detention center under OCGA § 42-8-35.41 and thus his confinement in such a facility was unauthorized. Wilson v. Windsor, supra. Accordingly, we affirm the habeas corpus court and remand for imposition of a new sentence. Id.

Judgment affirmed and case remanded with direction.

All the Justices concur, except Carley, Hines and Melton,…