Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Page v. State

The defendant failed to prove his ineffective assistance of counsel claim based on counsel's failure to argue that because the defendant's conduct leading to his probation revocation occurred after the oral pronouncement of his sentence but prior to the written sentence being filed in the case and because he was not yet on probation when the revocation occurred, his right to due process was violated when his probation was revoked, since those arguments were meritless.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Trev Baxter Page appeals from the trial court’s order revoking his probation.1 Page argues that because the conduct underlying the revocation occurred after the oral pronouncement of his sentence but prior to the written sentence being filed in the case and because he was not yet on probation when the revocation occurred, 1 his right to due process was violated when his probation was revoked, and 2 he received ineffective assistance of counsel when counsel failed to argue these positions at the revocation hearing. For the reasons that follow, we affirm.

The evidence shows that on August 26, 2014, Page entered a guilty plea to burglary under the First Offender Act, OCGA § 42-8-60. Prior to entry of his plea, Page had been released on bond. On August 26, 2014, the trial court orally pronounced his sentence of 10 years with the first 12 months to serve in confinement and the remainder on probation.2 The trial court explained to Page that pursuant to the First Offender Act, if he re-offended, he could be adjudicated guilty and re-sentenced to up to 20 years confinement. The trial court allowed Page to return home immediately after the oral pronouncement in order to seek medical treatment for an injury, but the court ordered him to report to Whitfield County Jail three days later on August 29, 2014, at 8:00 a.m. to begin his sentence of confinement, explaining that failure to appear at that time would constitute a violation of probation, and his first offender status could be revoked.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
(NEW) JUNIOR-MID LEVEL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›
CORPORATE ASSOCIATE - CT or Remote

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›
Senior Associate - Boutique -A&D (NYC)

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›
Go to Lawjobs