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Roland v. Meadows

Following the revocation of defendant's first-offender probation for child molestation, the trial court properly resentenced him to 10 years with five years to serve over and above his previous time served.

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We granted Anthony Roland’s application for certificate of probable cause to appeal from the denial of his petition for writ of habeas corpus. Because we conclude that Roland was properly resentenced following revocation of his first offender probation and adjudication of guilt, we affirm.

1. Roland entered a plea of guilty to the offense of child molestation in September 1993 and was sentenced under OCGA § 42-8-60 a 1 of the First Offender Act, to five years to be served on probation, along with fines and several special conditions of probation. The sentencing order specified that “upon violation of the terms of probation, the court may enter an adjudication of guilt and proceed to sentence defendant to the maximum sentence provided by law.” Roland acknowledged that he had been advised of the maximum punishment provided by law for the offense to which he was pleading guilty.1 The sentencing form also provided that if probation is revoked, “the court may order execution of the sentence which is originally imposed or any portion thereof in a manner provided by law after deduction therefrom the amount of time the defendant has served on probation.”

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