State v. Huckeba

Eldridge, Judge.

We granted the State’s application for a discretionary appeal from the trial court’s order denying its petition to revoke Orin Huck-eba’s probation. The trial court determined that, under OCGA § 42-8-38 (a), only a probation violation that occurs within the probationary term can be the subject matter of a probation revocation petition. For the reasons that follow, we disagree and vacate the trial court’s order.

The facts in this case were stipulated by the parties in lieu of a transcript, under OCGA § 5-6-41 (i). The relevant stipulated facts are that Huckeba pled guilty to…