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Harrison v. State

The trial court erred in revoking the defendant's probation for a period of time exceeding that authorized by O.C.G.A. § 42-8-34.1 subsection d.

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After the trial court granted the State’s petition to revoke Richard Harrison’s probation and revoked his probation in full for a period greater than eight years, this Court granted Harrison’s application for discretionary appeal. Harrison argues on appeal that the trial court erred by revoking his probation for a period of time exceeding that authorized by OCGA § 42-8-34.1 d and by revoking his probation for behavior that did not violate a valid condition of probation. We conclude that under OCGA § 42-8-34.1 d, the trial court was not authorized to revoke Harrison’s probation for a period in excess of five years, and we therefore vacate the trial court’s revocation order and remand for resentencing.

“A court may not revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged.” OCGA § 42-8-34.1 b. “Generally, this court will not interfere with a revocation unless there has been a manifest abuse of discretion on the part of the trial court. However, we review questions of law de novo.” Citations and punctuation omitted. Dillard v. State, 319 Ga. App. 299 735 SE2d 297 2012.

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