Revocation of probation. Richmond Superior Court. Before Judge Brown.
Judgment reversed and case remanded for resentencing.
John M. Kraft, for appellant.
Ashley Wright, District Attorney, Joshua B. Smith, Assistant District Attorney, for appellee.
MILLER, Judge. Branch, J. concur. Andrews, P.J. concurs in judgment only.
We granted Tyraldo Singleton's application for discretionary review from the trial court's order revoking his probation. On appeal, Singleton contends that the trial court erred in revoking his probated sentence for a period exceeding that authorized by OCGA § 42-8-34.1. For the reasons that follow, we reverse and remand for resentencing.
" Generally, this court will not interfere with a revocation unless there has been a manifest abuse of discretion on the part of the trial court. However, we review questions of law de novo." (Citations and punctuation omitted.) Germany v. State, 315 Ga.App. 717, 718-719 (1) (727 S.E.2d 240) (2012).
The record shows that in June 2012, Singleton pled guilty to one count of sale of marijuana (OCGA § 16-13-30 (j)). The trial court sentenced Singleton to ten years, with one year to serve in confinement and the balance to be served on probation. In addition to complying with the general terms of probation, Singleton was required to pay a $2,000 fine, pay a monthly supervision fee, and submit to random drug testing.
In March 2014, the State filed a petition to revoke or modify Singleton's probation based on allegations that he committed the offenses of misdemeanor possession of marijuana and felony obstruction of a law enforcement officer, as well as failing to pay the court-ordered fine and fees. Following a hearing, the trial court found that Singleton violated his probation and revoked the balance of his probation -- eight years and seventeen days. This appeal ensued.
On appeal, Singleton contends that the trial court was not authorized to revoke the balance of his probation because there were no special conditions on his probation, and the trial court could only revoke five years of his probation based on his commission of felony obstruction. We agree that the trial court erred in revoking the balance of Singleton's probation.
[332 Ga.App. 485] OCGA § 42-8-34.1 addresses probation revocation, and subsection (c) of the statute provides for the revocation of up to two years of probation for the violation of any general condition. When the defendant commits a felony offense, subsection (d) authorizes the trial court to revoke no more than the lesser of the balance of probation or the maximum time of the sentence authorized to be imposed for the felony offense. Subsection (e) provides for revocation of the balance of probation if the defendant is shown to have violated a special condition. OCGA § 42-8-34.1 (a) defines a " special condition" as
a condition of a probated or suspended sentence which: (1) Is expressly imposed as part of the sentence in addition to general conditions of probation and court ordered fines and fees; and (2) Is identified in writing in the sentence as a condition the violation of which authorizes the court to revoke the probation or suspension ...