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Williams v. Ayers

Revocation of defendant's probation was not authorized under former O.C.G.A. § 42-8-34.1 were the defendant allegedly violated conditions imposed by the original sentencing court and his probation did not include payment of restitution, costs or fines.

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The issue presented in this habeas action is whether the habeas court correctly held that the revocation of the balance of the appellant’s probation was authorized under former OCGA § 42-8-34.1 c. For the reasons that follow, we conclude that the habeas court erred in ruling that the balance of appellant’s probation was properly revoked. Accordingly, we reverse.

Relying on the phrase “imposed pursuant to this Code section” in former § 42-8-34.1 c,1 this Court has construed former subsection c to mean that a violation of a special condition of probation may result in the revocation of the balance of probation only if the special condition 1 was imposed or reimposed by a trial court as part of a prior revocation proceeding under § 42-8-34.1, or 2 was a court-ordered payment of restitution, costs, or fines authorized under § 42-8-34.1 d, whether imposed by the original sentencing court or by a trial court as part of a prior revocation proceeding.2 Other than the payment of restitution, costs, or fines imposed by the original sentencing court, no other special condition of probation imposed only by the original sentencing court may serve as the basis to revoke probation.3

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