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BRAINARD v. STATE

36406, 36407.

246 Ga. 586 (1980)

273 S.E.2d 405

BRAINARD v. THE STATE; and vice versa.

Supreme Court of Georgia.

Decided October 29, 1980.

Attorney(s) appearing for the Case

Gwendolyn Adams O'Dell, A. J. Whitehurst, William H. Blackburn, Ronald A. Cohen, for Brainard.

H. Lamar Cole, District Attorney, Richard H. Goolsby, Assistant District Attorney, for appellee.

BOWLES, Justice.

On June 9, 1978, Richard Brainard entered a plea of guilty in Thomas County Superior Court to the charge of violation of the Georgia Controlled Substances Act. The trial court fined him and placed him on probation for five years under Georgia's First Offender Act. On May 17, 1979, the trial court revoked Brainard's probation because of his involvement in a Florida "pot plane" incident and sentenced him to a term of ten years' imprisonment. The State...

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