Davis v. State

In Davis v. State, 273 Ga. 14 (537 SE2d 663) (2000), the state Supreme Court explained that under the first offender statute, there is no conviction until an adjudication of guilt is entered. As such, a defendant's first offender sentence does not become a "conviction" as defined under Georgia criminal law, and cannot be used as a basis for recidivist sentencing in a subsequent criminal action, until the probation is either revoked or discharged. See id. at 15-16; OCGA 16-1-3 (4).