Wellons v. State, 240 S.E.2d 768 (Ga. Ct. App. 1977). · Go Syfert
Wellons v. State, 240 S.E.2d 768 (Ga. Ct. App. 1977). Cases Citing This Book View Copy Cite
20 citation events across 1 distinct court.
Strongest positive: Scott v. State (gactapp, 1999-11-01)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (rule) Scott v. State
Ga. Ct. App. · 1999 · confidence medium
Garrett v. State, 173 Ga. App. 292 (2) ( 325 SE2d 911 ) (1985). 3 Pulliam v. State, 236 Ga. 460, 462 ( 224 SE2d 8 ) (1976); Wellons v. State, 144 Ga. App. 218, 219 (2) ( 240 SE2d 768 ) (1977). 4 See OCGA § 17-16-8 (a); McLarty v. State, 238 Ga. App. 27, 29-30 (2) ( 516 SE2d 818 ) (1999). 5 236 Ga. App. 330, 332 (1) ( 511 SE2d 883 ) (1999). 6 (Citation and punctuation omitted.) Id. at 332 (1) (b). 7 Cooper v. State, 173 Ga. App. 254, 255 (1) ( 325 SE2d 877 ) (1985) (the lapse of 19 years between the prior occurrences and the offenses charged goes to the weight and credibility of *588 such test…
cited Cited as authority (rule) Fowler v. State
Ga. Ct. App. · 1990 · confidence medium
Wellons v. State, 144 Ga. App. 218, 219 ( 240 SE2d 768 ) (1977).
cited Cited as authority (rule) Cave v. State
Ga. Ct. App. · 1984 · confidence medium
Wellons v. State, 144 Ga. App. 218, 219 (2) ( 240 SE2d 768 ) (1977).
discussed Cited as authority (rule) Mingo v. State (2×)
Ga. Ct. App. · 1980 · confidence medium
Christy v. State, 134 Ga. App. 504,506 (1,2) ( 215 SE2d 267 ); Harper v. State, 146 Ga. App. 337 ( 246 SE2d 391 ); Wellons v. State, 144 Ga. App. 218, 219 (1) ( 240 SE2d 768 ). 2.
discussed Cited as authority (rule) Young v. State
Ga. Ct. App. · 1980 · confidence medium
Widner v. State, 137 Ga. App. 244 ( 223 SE2d 278 ); Faulkner v. State, 101 Ga. App. 889 ( 115 SE2d 393 ); Turner v. State, 119 Ga. App. 117 (116 SE2d 582);Purgason v. State, 145 Ga. App. 277 ( 243 SE2d 554 ); Cook v. State, 145 Ga. App. 544, 545 (2) ( 244 SE2d 64 ); Wellons v. State, 144 Ga. App. 218, 219 ( 240 SE2d 768 ).
discussed Cited "see" Farrell v. State (2×)
Ga. Ct. App. · 1981 · signal: see · confidence high
See in regard to the discretion of the trial court such cases as Wellons v. State, 144 Ga. App. 218, 219 (2) ( 240 SE2d 768 ), and Lee v. State, 154 Ga. App. 562, 566 (4) ( 269 SE2d 65 ); Beasley v. State, 115 Ga. App. 827 (1) ( 156 SE2d 128 ).
discussed Cited "see" Fong v. State (2×)
Ga. Ct. App. · 1979 · signal: see · confidence high
See Wellons v. State, 144 Ga. App. 218, 219 (1) ( 240 SE2d 768 ) (1977).
Wellons
v.
the State
54771.
Court of Appeals of Georgia.
Dec 1, 1977.
240 S.E.2d 768
Robert E. Bergman, for appellant., Austin J. Kemp, II, Solicitor, for appellee.
McMurray, Bell, Smith.
Cited by 10 opinions  |  Published
McMurray, Judge.

The defendant was, by accusation, charged with a number of misdemeanor offenses to which he entered a plea of guilty, the same being speeding (two counts), attempting to elude a police officer, "drunk on highway,” and the offense of abandonment of minor child. He was sentenced to serve 12 months on each of the traffic charges, suspended upon payment of fines; the total amount of the fines being $416. He was also sentenced to serve 12 months on the abandonment of minor child charge with the sentence suspended during the minority of the child upon defendant’s immediate payment of $47 court costs and payment of $150 per month child support to be paid into court beginning January 1, 1977. Efforts were made by the probation and parole supervisor to have the defendant pay any amount he was able to pay on the fines and child support. Rules nisi issued to show cause[*219] why the suspended feature of his sentences should not be revoked due to his nonpayment of child support as to the abandonment case and due to his failure to pay the fines in the other cases. At the hearing it was shown that the child support was $690 in arrears at the time of the hearing, the defendant having paid only $210 against the monthly payments of $150 per month. As to the fines and court costs it was shown he had a balance of $383 owing. There was testimony that he had since been guilty of the offense of making terroristic threats. However, during the hearing, the trial court removed the issue of terroristic threats from consideration and proceeded solely on the grounds of failure to pay child support and failure to pay the fines. Defendant appeals the revocation of the suspended feature of his sentences. Held:

1. It is well settled that although there are requisites to be met such as notice to the probationer and an opportunity to be heard on the question as to whether the probationer violated the terms of probation, the proceedings may be informal or summary and the hearing need not meet the requisites of a jury trial. See Rainwater v. State, 127 Ga. App. 406, 407 (193 SE2d 889); Dutton v. Willis, 223 Ga. 209, 211 (154 SE2d 221). The evidence at such hearing need not support the finding beyond a reasonable doubt or even by a preponderance of the evidence but only that it be some evidence for the judge to consider as the sole trier of fact. See Christy v. State, 134 Ga. App. 504-507 (215 SE2d 267); Faulkner v. State, 101 Ga. App. 889 (115 SE2d 393). The above would apply also to the revocation of the suspended feature of a sentence.

2. The remaining enumeration of error raised by the defendant is that the court erred in denying him a continuance or postponement until December 1, 1977 from June 8,1977, the date of the hearing, on the ground that one of his key witnesses was unavailable to him. This particular witness had been subpoenaed. See Code § 27-415. Denial of a motion for continuance on the ground of an absent witness lies within the discretion of the trial court and unless manifestly abused the denial thereof will not be disturbed. See McCrary v. State, 229 Ga. 733 (2) (194 SE2d 480). We see no error since the defendant had previously pled guilty, and the evidence was ample to[*220] support the findings of the court that he had failed to diligently attempt to pay the fines, court costs and child support.

Submitted October 31, 1977 Decided December 1, 1977. Robert E. Bergman, for appellant. Austin J. Kemp, II, Solicitor, for appellee.

Judgment affirmed.

Bell, C. J., and Smith, J., concur.