Priest v. State (1991)

But see Priest v. State, 261 Ga. 651 ( 409 SE2d 657 ) (1991) (guilty plea under First Offender Act is not a “conviction” for purpose of mandatory suspension of driver’s license); Witcher v. Pender, 260 Ga. 248 ( 392 SE2d 6 ) (1990) (witness in a civil trial may not be impeached with *839 a conviction of a crime involving moral turpitude when witness pled guilty under First Offender Act).

Generally, a “conviction” for purposes of Georgia’s Criminal Code is defined as “a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty,” OCGA § 16-1-3 (4), and entry of a guilty plea under the First Offender Act “is not a ‘conviction’ within the usual definition of that term.” Priest v. State, 261 Ga. 651, 652 (2) ( 409 SE2d 657 ) (1991). 3 See OCGA §§ 42-8-60 (a) (allowing a first offender to enter a plea of guilty or…

Witcher v. Fender, 260 Ga. 248 , 249, 392 S.E.2d 6 (1990); see also Priest v. State, 261 Ga. 651 , 652(2), 409 S.E.2d 657 (1991) ("the entry of a guilty plea under OCGA § 42-8-60 is not a `conviction' within the usual definition of that term") (citation omitted).

The certified copy of Cooper’s prior adjudication indicates that he pled guilty to robbery23 in 2014, and was sentenced as a first offender probationer under OCGA § 42-8-60.24 A provision titled “FIREARMS” stated: “If you are convicted of a crime punishable by imprisonment for a term exceeding one year, . . . it is unlawful for you to possess or purchase a firearm including a rifle, pistol, or revolver, or ammunition[.]” 22 See generally Martin v. State, 370 Ga. App. 275 , 2…

See OCGA § 42-8-62 (a); Priest v. State, 261 Ga. 651, 652 (2) ( 409 SE2d 657 ) (1991). 12 5.

See OCGA § 42-8-62 (a); Priest v. State, 261 Ga. 651, 652 (2) ( 409 SE2d 657 ) (1991).

“If the probation or incarceration term is completed without violation, the defendant is discharged without an adjudication of guilt and is not considered to have a criminal conviction.” (Citation and punctuation omitted.) Priest v. State, 261 Ga. 651, 652 (2) ( 409 SE2d 657 ) (1991).

In such cases, there is a waiver of rights in addition to notice of a diminution of rights. 11 See OCGA § 17-5-30 (b); Watts v. State, 274 Ga. 373, 375-376 (2) ( 552 SE2d 823 ) (2001). 12 See OCGA §§ 17-10-1 (a), 42-8-35; Priest v. State, 261 Ga. 651, 652 (2) ( 409 SE2d 657 ) (1991) (“[A] trial judge has considerable discretion in fashioning appropriate conditions of probation.”). 13 Compare United States v. Godsey, 2007 U. S. App. LEXIS 6442, *4-*8 (IV) (11th Cir. 2007) (un…

Mikell and Adams, JJ., concur. 1 Priest v. State, 261 Ga. 651, 652 (2) ( 409 SE2d 657 ) (1991). 2 Evors v. State, 275 Ga. App. 345, 346 ( 620 SE2d 596 ) (2005).

We have held, however, that “the entry of a guilty plea under OCGA § 42-8-60 is not a ‘conviction’ within the usual definition of that term.” Priest v. State, 261 Ga. 651, 652 ( 409 SE2d 657 ) (1991).

See also Priest v. State , 261 Ga. 651 , 409 S.E.2d 657 (1991) (a defendant who pleads guilty to the unlawful possession of a controlled substance pursuant to the first-offender law has not been "convicted" and, thus, mandatory driver's license suspension for persons convicted of the unlawful possession of a controlled substance, Ga. Code Ann., § 40-5-75, is not required).

Furthermore, once the defendant fulfills the terms of probation, the "defendant shall not be considered to have a criminal conviction." Ga.Code Ann. § 42-8-62; see Priest v. State, 261 Ga. 651 , 409 S.E.2d 657 (1991) (holding that a defendant who is given first offender treatment has not been convicted).

Williams v. State, 301 Ga. 829, 834 (5) ( 804 SE2d 398 ) (2017); see also Priest v. State, 261 Ga. 651, 652 (2) ( 409 SE2d 657 ) (1991).

See also Priest v. State, 261 Ga. 651, 652 (2) ( 409 SE2d 657 ) (1991).