Two Bites, Different Apples: The Georgia Supreme Court Revolutionizes Forty-Year Precedent on First-Offender Appeals in Howard v. State

Authors

Joshua R. Wright

Publication Date

12-2024

Document Type

Casenote

Abstract

Since 1968, Georgia’s First Offender Act has provided for an alternative sentencing procedure for criminal defendants who have not previously been convicted of a felony. The Act allows trial courts to place a defendant on probation or sentence them to a term of confinement before a conviction and without entering a judgment. The significance of this procedure is that, if a defendant successfully completes the terms of their first-offender status, they are exonerated and the prosecution’s case is discharged by law. The former defendant receives no criminal conviction and their civil rights and liberties are preserved.

Recommended Citation

Wright, Joshua R. (2024) "Two Bites, Different Apples: The Georgia Supreme Court Revolutionizes Forty-Year Precedent on First-Offender Appeals in Howard v. State," Mercer Law Review: Vol. 76: No. 1, Article 24.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol76/iss1/24