Wiley v. State

Quillian, Judge.

The appellant entered a plea of guilty to theft by taking and was sentenced under the first offender statute to serve three years on probation. Subsequent to that time, after a hearing, the appellant’s sentence was revoked and he was sentenced to serve ten years in the penitentiary. It is from this judgment an appeal was filed. Held:

1. The appellant contends that it was error for the trial judge to sentence the appellant to ten years because this was in excess of the time he could have been given upon the revocation of his sentence. Code Ann. § 27-2727 (Ga. L. 1968, pp. 324,…