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SIMS v. STATE

A94A1000.

214 Ga. App. 443 (1994)

SIMS v. THE STATE.

Court of Appeals of Georgia.

Decided August 16, 1994.

Attorney(s) appearing for the Case

Peters, Townsend, Wilson & Roberts, Douglas N. Peters, for appellant.

Keith C. Martin, Solicitor, Michael P. Baird, Assistant Solicitor, for appellee.

Judge Harold R. Banke.

The appellant was charged with the offense of driving under the influence of alcohol pursuant to OCGA § 40-6-391 (a) (4). Prior to tendering a plea of guilty, he filed a request for first offender treatment under OCGA § 42-8-60 et seq., asking the trial court to impose a fine and suspend sentence upon payment of the fine rather than placing him on probation. The trial court denied that request, on the ground that OCGA § 40-6-391...

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