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Brady v. State

The trial court had no authority to sentence the defendant to 12 months confinement at a probation detention center for misdemeanor reckless conduct.

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Terry Wayne Brady appeals his 12-month misdemeanor sentence for reckless conduct, OCGA § 16-5-60 b. He contends his sentence is void because the trial court lacked authority to order that he serve his term of imprisonment in a probation detention center. For the reasons which follow, we reverse the sentence and remand for re-sentencing.

Brady was indicted in Pickens County Georgia for cruelty to children, OCGA § 16-5-70 b, and obstruction of a police officer, OCGA § 16-10-24 b. At a jury trial, the State presented evidence showing that on July 28, 1999, a foster care worker and sheriff’s deputies intended to execute an emergency order to pick up the defendant’s two-month-old daughter. The foster care worker and the deputies found Brady and the child at Cove Creek, where Brady, family members, and several under-age companions were drinking vodka. For thirty minutes, Brady eluded the deputies: he waded across a hip-deep creek and ran through briers, holding his infant daughter like a football while shouting obscenities at his pursuers. When the deputies recovered the child, she was shaking and vomiting from the chase and had scratches and bruises to her head, torso, and leg.

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