EARP v. LYNCH

44747.

257 Ga. 633 (1987)

362 S.E.2d 55

EARP v. LYNCH.

Supreme Court of Georgia.

Decided November 24, 1987.


Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, Neal B. Childers, Assistant Attorney General, for appellant.

Lavigno & Dawkins, Salvatore J. Serio, for appellee.


BELL, Justice.

Appellant is the Commissioner of the Department of Public Safety. He appeals a decision granting habeas corpus relief to appellee Lynch. We are asked to decide whether the trial court correctly held that a revocation of a driver's license under the habitual violator statute, OCGA § 40-5-58, may not be based on a predicate offense which was later expunged under the First Offenders Act, OCGA § 42-8-60 et seq. We do not reach the merits of appellant...

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