Glover v. The State

533 S.E.2d 374 (2000)


In 1989, D pled guilty to multiple counts of child molestation and related charges stemming from his repeated sexual abuse of a child under 14 years of age. D was sentenced to thirty years, and seven years to be served in prison with the balance on probation. The trial court imposed several special conditions, including limiting D's contact with minor children and requiring D to attend counseling for sexual deviancy. After serving seven years in prison, D was released in 1996. In 1997, he was arrested for violation of the conditions of his probation by making contact at church with a four-year-old girl. The trial court found that D violated several general conditions of probation and three special conditions of his probation by making direct contact with a minor, engaging in volunteer work that brought him into contact with a minor, and failing to attend counseling. The court revoked D's original sentence and ordered him to serve ten years with the balance to be served on probation. D contends that that under O.C.G.A. § 42-8-34.1 (b). the court was authorized to revoke only a maximum of two years of his probation. D’s motion was denied and the denial was affirmed by the Court of Appeals. D appealed.