HIGDON v. COOPER

37538.

247 Ga. 746 (1981)

279 S.E.2d 451

HIGDON v. COOPER.

Supreme Court of Georgia.

Decided June 30, 1981.


Attorney(s) appearing for the Case

Thomas J. Killeen, for appellant.

Arthur K. Bolton, Attorney General, Michael R. Johnson, Assistant Attorney General, for appellee.


UNDERCOFLER, Justice.

On June 1, 1979, Higdon entered a guilty plea to burglary. Under a mistake that Higdon was a first offender, the trial court sentenced him to two years on probation, said probation conditioned upon successful completion of the "Gateway House" program. Higdon was confined under this sentence. Later it was discovered Higdon was not a first offender and on June 15, 1979, the trial court revoked the two year probated sentence and Higdon was sentenced...

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