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Fleming v. State

The defendant was not entitled to sentence credit for time she spent in a drug court program before she was terminated from the program for failure to comply with its terms, conditions and rules.

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We granted certiorari in this case to determine under what circumstances may a defendant receive sentence credit for participation in a drug court program established under OCGA § 15 1 15. For the reasons set forth below, we hold that no sentence credit for participation in a drug court program is warranted in this particular case.

Katherine Fleming was indicted on two counts of identity fraud and two counts of financial transaction fraud. She entered a negotiated guilty plea, which allowed for deferred sentencing and participation in a drug court program. Her negotiated plea agreement specified that she would be sentenced to eight years of probation if she completed the drug court program, but she would be sentenced to ten years, with the first four to be served in prison and the remaining six to be served on probation, including residential substance abuse treatment, if she failed to complete the program. The agreement also provided that she would make restitution payments under either scenario.

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