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HIGDON v. STATE

No. S12G0033.

733 S.E.2d 750 (2012)

291 Ga. 821

HIGDON v. The STATE.

Supreme Court of Georgia.

October 29, 2012.

Attorney(s) appearing for the Case

Jad Baskin Johnson , David James Dunn, Jr. , LaFayette, for appellant.

Jennifer Anne Hartline , Asst. Dist. Atty., Lookout Mountain Judicial Circuit District Attorney's Office, Herbert E. Franklin, Jr. , Dist. atty., Office of the District Attorney, Elizabeth Overcamp Evans , Asst. Dist. Atty., Walker County District Attorney's Office, for appellee.

James C. Bonner, Jr. , Georgia Public Defender Standards Council, Atlanta, Franklin James Hogue , Hogue & Hogue, Macon, Joseph Scott Key , J. Scott Key, P.C., Decatur, for amicus appellant.

NAHMIAS, Justice.

This case involves Georgia's "first offender" statute, which provides, in relevant part, the following:

(a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant: (1) Defer further proceeding and place the defendant on...

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