Eubanks v. State

Deen, Presiding Judge.

Jon Kerry Eubanks was granted an appeal from the revocation of his probation in accordance with the provisions of OCGA § 5-6-35 (a) (5). Appellant’s counsel contends that the trial court erred in failing to grant a continuance when the evidence was uncontroverted that Eubanks was incompetent to stand trial at the time of the hearing, and that the State failed to show by a preponderance of the evidence that the defendant had violated the terms of his probation or committed a new felony.

1. Two psychiatrists who had treated Eubanks for a number of years were called to…