Darby v. State

Blackburn, Judge.

Pursuant to a voluntary plea agreement regarding his conviction for theft by taking, Jerry Lee Darby was required to pay child support directly to his ex-wife, Gilda Lavendar Darby, as a special condition of his probation. Darby appeals the trial court’s refusal to strike this special condition, contending that the condition is illegal and void. For the reasons discussed below, we affirm the trial court’s denial of Darby’s motion.

In determining probation conditions, “[t]he trial judge is expressly authorized by OCGA § 17-10-1 (a) to suspend or probate all or any part of the…