Wilson v. Bray

For the reasons set forth in my dissent in Wilson v. Windsor, 280 Ga. 576 (630 SE2d 367) (2006), I believe that the majority erroneously bases its decision on a misreading of those statutes allowing for an expanded use of probation detention centers in a situation where the misdemeanant’s probation has already been revoked due to the inability to successfully complete routine probation. Accordingly, I dissent to the majority’s summary affirmance of the habeas court and to the remand for imposition of a different sentence.

I am authorized to state that Justice Carley and Justice Hines join in…