Geter v. State

On November 11, 2008, the Superior Court of Hall County revoked two years of the probated sentence being served by James Geter. Geter appeals, claiming that the trial court erred in allowing his spouse to testify without informing her of her marital privilege pursuant to OCGA § § 24-9-21 and 24-9-23 and that insufficient evidence supported the state’s claim that he violated a condition of his probation. We granted Geter’s application for discretionary review and affirm for the reasons set forth below. Pursuant to OCGA § 42-8-34.1 b, a court may revoke any part of a probated sentence if the evidence produced at the revocation hearing establishes a violation of the conditions of probation by a preponderance of the evidence. “This court will not interfere with a revocation unless there has been a manifest abuse of discretion on the part of the trial court.”1 “The quantum of proof sufficient to justify a revocation of probation is less than that required to sustain conviction in the first instance. Thus, in such proceeding it is unnecessary that the evidence support the findings beyond a reasonable doubt.”2

Here, Geter was convicted of statutory rape in 2002 and sentenced to a 20-year term, with 3 years to serve in prison and the remainder to be served on probation. One of the conditions of Geter’s probated sentence was that he not violate the criminal laws of any governmental unit.