Gearinger v. Lee

Hunstein, Justice.

Calvin Lee’s probation was revoked on the basis that he violated a special condition of his probation, in that he disobeyed the rules and regulations of the detention center where he had been sent. The revocation court ordered Lee to jail to serve the remainder of his sentence on his theft by conversion charge and to serve five years on his possession of cocaine charge. The habeas court, construing OCGA § 42-8-34.1, found that the maximum time Lee’s sentence could be revoked was one year. Warden Gearinger appeals from that order. Pretermitting the issue whether the matter…