Sosbee v. State

Birdsong, Judge.

Included offenses. Appellant Sosbee was brought before the trial court on a petition for probation revocation which alleged that he “committed the offense of theft by taking on July 26, 1979 in Clarke County, Georgia.” The trial court, after full hearing, did revoke appellant’s probation, but upon the basis that appellant had committed the “lesser included offense of theft by disposing.” The trial court was apparently unable to find that Sosbee had participated in the theft of the shotgun in question but did find that he disposed of it. At trial appellant excepted to the…