Martin v. State--Trial Court Reversed in Probation Case, September 2023

In September 2023, Leslie won a hard-fought appeal for a Client whose first offender sentence was revoked after the term of his probation sentence ended.

This case clarified a number of issues regarding first offender probation sentences, first offender revocations, and appellate procedure in probation cases where a void sentence is challenged:

1. Discharge of a first offender sentence is automatic, even if the person has had probation revocations in the past.

2. A first offender sentence revoked after it should have been discharged is void and can be directly appealed. Discretionary appeal procedures do not apply.

3. Only an appellate court, not a trial court, decides whether a discretionary or direct appeal is appropriate.

4. If the State seeks to revoke probation or first offender status, the State must file a revocation petition with the Court prior to the end of the sentence. Serving the petition or a warrant on the probationer is not sufficient.

Martin v. State, 369 Ga. App. 193 (2023). Court of Appeals of Georgia Case No. A23A1138 (September 15, 2023).

Leslie handled this case for the Client in both the trial and appeals courts.