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Johnson v. State

Johnson v. the State

Johnson v. State, 291 S.E.2d 94 (Ga. Ct. App. 1982)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
April 30, 1982
Docket
No. 63861
Judges
Quillian, Shulman, Carley
Citations
291 S.E.2d 94162 Ga. App. 2261982 Ga. App. LEXIS 2121

Opinion — Quillian

Quillian, Chief Judge.

The defendant appeals the revocation of his probation.

Held:

1. The condition the defendant was charged with violating was one which provided for a “10:00 P.M. to 6:00 A.M. Curfew.”

This court and our Supreme Court have often held that Code Ann. § 27-2711 (Ga. L. 1958, pp. 15, 23; as amended through Ga. L. 1965, pp. 413, 416) is to be construed as permissive rather than exclusive, permitting under its terms any reasqnable probation condition to be imposed.

George v. State, 99 Ga. App. 892, 893 (1) ( 109 SE2d 883 );

Gay v. State, 101 Ga. App. 225 (1) ( 113 SE2d 223 );

Geiger v. State, 140 Ga. App. 800, 802 (3) ( 232 SE2d 109 );

Wood v. State, 150 Ga. App. 582, 583 (2) ( 258 SE2d 171 );

State v. Collett, 232 Ga. 668, 670 ( 208 SE2d 472 );

Ward v. State, 248 Ga. 60, 63 (2) ( 281 SE2d 503 ).

2. From an examination of the record and transcript it is apparent that there is some evidence sufficient to sustain the trial *227 judge’s finding that the defendant violated the terms of his probation and that because of a pattern of several such violations his conduct was wilful and intentional.

Decided April 30, 1982.

William E. Moore, Jr., for appellant.

Joseph Johnson, pro se.

H. Lamar Cole, District Attorney, Fred R. Simpson, Assistant District Attorney, for appellee.

Judgment affirmed.

Shulman, P. J., and Carley, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1983: 22006: 12017: 119832026peak 1983 · 2

Relies on it most ⓘ

  1. State v. Labure427 So. 2d 855 (La. 1983)
  2. Tyler v. State632 S.E.2d 716 (Ga. Ct. App. 2006)
  3. LaPann v. State306 S.E.2d 373 (Ga. Ct. App. 1983)
  4. In the Interest of J. M. A., a Child796 S.E.2d 773 (Ga. Ct. App. 2017)

Most recent

  1. In the Interest of J. M. A., a Child796 S.E.2d 773 (Ga. Ct. App. 2017)
  2. Tyler v. State632 S.E.2d 716 (Ga. Ct. App. 2006)
  3. LaPann v. State306 S.E.2d 373 (Ga. Ct. App. 1983)
  4. State v. Labure427 So. 2d 855 (La. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
State v. Collett, 208 S.E.2d 472 (Ga. 1974) 54
Gay v. State, 113 S.E.2d 223 (Ga. Ct. App. 1960) 19
George v. State, 109 S.E.2d 883 (Ga. Ct. App. 1959) 15
Ward v. State, 281 S.E.2d 503 (Ga. 1981) 13
Wood v. State, 258 S.E.2d 171 (Ga. Ct. App. 1979) 9
Geiger v. State, 232 S.E.2d 109 (Ga. Ct. App. 1976) 3

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