Willie Antonio Thurmondv.The State
Willie Thurmond was serving supervised probation for criminal trespass when the State sought revocation based on his alleged commission of aggravated sodomy. At the revocation hearing, the trial court found that Thurmond had committed aggravated sodomy and revoked probation. The Georgia Court of Appeals held that the evidence and notice supported, at most, the lesser-included offense of sodomy. The State’s allegation of aggravated sodomy gave Thurmond sufficient notice to defend against the lesser offense because both rested on the same underlying conduct, but the trial court could not revoke probation on the unsupported aggravated offense. The court vacated the revocation order and remanded with direction to enter a new order based on sodomy. The court noted that other alleged probation violations were not the basis of the order under review.
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