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STATE v. HUCKEBA

No. A02A0913.

574 S.E.2d 856 (2002)

258 Ga. App. 627

The STATE v. HUCKEBA.

Court of Appeals of Georgia.

Certiorari Denied February 24, 2003.

Attorney(s) appearing for the Case

N. Stanley Gunter, Dist. Atty., Gerald R. Ryan, Jr., Asst. Dist. Atty., for appellant.

Robert L. Ferguson, Jonesboro, for appellee.

ELDRIDGE, Judge.

We granted the State's application for a discretionary appeal from the trial court's order denying its petition to revoke Orin Huckeba's probation. The trial court determined that, under OCGA § 42-8-38(a), only a probation violation that occurs within the probationary term can be the subject matter of a probation revocation petition. For the reasons that follow, we disagree and vacate the trial court's order.

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