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Jordan v. State

O.C.G.A. § 42-8-34.1 c places a 2-year limitation on the period of confinement, which may be ordered when probation is revoked because of a violation of a general provision of probation.

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Gregory Jordan was charged with possession of cocaine with intent to distribute. He pled guilty to the reduced charge of possession of cocaine. On May 30, 2003, he was sentenced to serve five years on probation and six months in a detention center, and ordered to perform community service and pay a $1,500 fine and other fees. On June 27, 2005, Jordan’s probation officer filed a petition to revoke the probation. The petition alleged that Jordan had violated certain conditions of his probation in that he: 1 was arrested and charged with trafficking in cocaine on or about December 8, 2004; 2 failed to report to the probation officer as directed; and 3 was in arrears in paying the fine and fees. The trial court held a hearing on the petition on September 7, 2005. The court announced that it found that Jordan violated his probation by failing to report, failing to pay his fines, and being “involved in at least one criminal scheme during that period of time.” The court stated that it was revoking the balance of Jordan’s probation.

On the written order, the court indicated that Jordan had committed “violations of probation conditions as stated in petition.” A handwritten “X” appears on the order in the box beside “Technical violations of probation conditions.” A box beside “New felony offense” is also marked with an “X” though that checkmark appears to be preprinted on the order. The trial court indicated on the order that Jordan would serve “Full Revocation” in an unspecified facility.

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