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GONZALES v. THE STATE

No. A05A1831.

622 S.E.2d 401 (2005)

276 Ga. App. 11

GONZALES v. THE STATE.

Court of Appeals of Georgia.

October 18, 2005.

Attorney(s) appearing for the Case

Charles Price, Smith, Price & Wright, Rome, for Appellant.

Leigh Patterson, District Attorney, C. Stephen Cox, Assistant District Attorney, for Appellee.

ANDREWS, Presiding Judge.

Pursuant to our grant of his application for discretionary appeal, Jose D. Gonzales argues that the State failed to satisfy its evidentiary burden under OCGA § 42-8-34.1(a) and, therefore, the trial court erred in determining that he had violated the terms and conditions of his probation by committing a new felony offense (theft by receiving stolen property). We agree and reverse.

Pursuant to OCGA § 42-8-34.1(b), a court...

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