Benton v. Georgia
Annotate this CasePrior to his conviction for aggravated assault in this case, Turner Benton had been found guilty of three other felony offenses. However, for the first of those offenses, he was sentenced under Georgia’s First Offender Act and placed on probation. The Georgia Supreme Court granted Benton’s petition for a writ of certiorari in this case to consider whether his first-offender sentence became a “conviction” for purposes of OCGA § 17-10-7(c) when the record shows that his probation was revoked by the court multiple times, but where there was no adjudication of guilt. The Supreme Court found that for Benton’s first offense, the court’s revocation orders served only to revoke Benton’s probation, not his status as a first offender. Thus, upon the completion of his first-offender sentence, Benton was exonerated of the underlying offense by operation of law. The Supreme Court therefore determined that the trial court and the Court of Appeals erred in their determinations that Benton had been convicted of three felonies prior to his conviction in this case. Accordingly, the Supreme Court reversed the Court of Appeals and remanded this case with direction that Benton’s sentence be vacated and he be resentenced.
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