Williams v. Ayers

Sears, Presiding Justice.

The issue presented in this habeas action is whether the habeas court correctly held that the revocation of the balance of the appellant’s probation was authorized under former OCGA § 42-8-34.1 (c). For the reasons that follow, we conclude that the habeas court erred in ruling that the balance of appellant’s probation was properly revoked. Accordingly, we reverse.

Relying on the phrase “imposed pursuant to this Code section” in former § 42-8-34.1 (c), 1 this Court has construed former subsection (c) to mean that a violation of a special condition of probation may…