Anderson v. State

Smith, Chief Judge.

Donald Anderson appeals his sentence for misdemeanor battery, contending that the probation sentence imposed upon him, 365 days to serve in a probation detention center, is unlawful. We agree. We therefore vacate his sentence and remand this case to the trial court for resentencing.

Anderson had been convicted previously of aggravated stalking, a felony. OCGA § 16-5-91. He received a five-year sentence, which was probated. His probation was revoked after he was arrested for aggravated assault, and he was ordered to serve the balance of his sentence (four years, five months,…