Lewis v. State

Smith, Judge.

John L. Lewis was convicted of child molestation and sentenced in July 1993 to eight years probation. In August 1994, he filed a motion requesting first offender treatment. The trial court denied the motion, concluding it had no authority to grant such treatment after the term in which Lewis was sentenced. Lewis appeals, contending the trial court’s conclusion was erroneous because his sentence was probated and OCGA § 42-8-34, which governs probated and suspended sentencing, gives a sentencing judge broad discretion to modify probated sentences during the term of the sentence.

We…