Mercer v. Hopper

Per curiam.

The controlling issue for decision in this habeas corpus appeal is whether the defendant was entitled to counsel at his probation revocation hearing.

This case is controlled by Reece v. Pettijohn, 229 Ga. 619 (193 SE2d 841), where this court, with two Justices dissenting, held adversely to appellant’s contention in this case. There is no right to counsel at a probation revocation hearing in Georgia.

The judgment of the habeas corpus trial court is correct and will be affirmed.

Judgment affirmed.

All the Justices concur, except Hall, J., who concurs specially, and Gunter and Ingram JJ., who dissent.