Marable v. State

Full title: MARABLE v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 1, 1978

243 S.E.2d 88 (Ga. Ct. App. 1978)

243 S.E.2d 88

Opinion

54999.

SUBMITTED JANUARY 10, 1978.

DECIDED FEBRUARY 1, 1978. REHEARING DENIED FEBRUARY 21, 1978.

Drug violation. Richmond Superior Court. Before Judge Pierce.

Glover Sibley, Sam B. Sibley, Jr., for appellant.

Richard E. Allen, District Attorney, Gayle B. Hamrick, Assistant District Attorney, for appellee.

WEBB, Judge.

Marable complains that the trial court improperly used information contained in a pre-sentence investigative report in aggravation of punishment. This was insufficient cause for reversal since the report was used for the purpose of deciding defendant's request for probation, and no objection was made to the court's reference to the report. McKisic v. State, 238 Ga. 644, 646 (5) ( 234 S.E.2d 908) (1977) and cits.

Judgment affirmed. Quillian, P. J., and McMurray, J., concur.

SUBMITTED JANUARY 10, 1978 — DECIDED FEBRUARY 1, 1978 — REHEARING DENIED FEBRUARY 21, 1978.