Chandler v. State

Smith, Justice.

We granted certiorari in State v. Chandler, 184 Ga. App. 1 (360 SE2d 727) (1987), to determine whether a probationer participating in a “Special Alternative Incarceration” program, having failed to return to a diversion center from which he had been given permission to leave, is subject to prosecution for the felony offense of escape or to the lesser penalty of revocation of his probation. The Court of Appeals held that a probationer would be subject to prosecution for the felony offense of escape. We reverse.

In October of 1985, the appellant, Marvin Chandler, was sentenced to…