Evans v. State

Shulman, Judge.

Defendant appeals the revocation of his probation based upon his alleged commission of a burglary, for which offense he had not been tried at the time of the revocation hearing. He submits that the trial court’s refusal (upon defendant’s motion) to postpone the revocation hearing until after the disposition of the burglary charge contravened principles of due process and fundamental fairness. Defendant does not complain on appeal of the sufficiency of the evidence upon which the court revoked defendant’s probation.

Under the authority of Johnson v. State, 142 Ga. App. 124 (235…