Legal Opinion · Concurrence

Hoosline v. State

Court of Appeals of Georgia

Decided July 10, 2014No. A14A0570Published

1ConcurrenceMiller, Judge

Although I concur with the result reached by the majority, I write separately, because I do not agree that the defendant was in fact adjudicated guilty when the trial court accepted her guilty plea under OCGA § 16-13-2 (the Conditional Discharge Act) and sentenced her *178to five years on probation. Notably, the plea hearing transcript states that the defendant was sentenced to probation under OCGA § 16-13-2. After Hoosline failed to meet the terms of her probation, the State filed a petition for adjudication of guilt, which specifically stated that Hoosline was sentenced under the Conditional…

2Cases cited3 opinions

  1. Mays v. StateSupreme Court of Georgia · 1992
  2. Wilkinson v. StateCourt of Appeals of Georgia · 2006
  3. Perdue v. StateCourt of Appeals of Georgia · 1980

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