Huff v. McLarty

In Huff v. McLarty, 241 Ga. 442 (246 SE2d 302) (1978) the Supreme Court of Georgia considered whether a defendant's probation could be revoked for his failure to pay a fine that was one of the conditions of his probation. The Court held that "because the fine was not lawfully required to be paid by any certain date, the officials had no right several months into the term of the probationary sentence to revoke the probation for his alleged failure to comply with its terms." Id. at 447. The Supreme Court of Georgia held that, when a defendant remains at liberty but not under bond during the appeal of a probated sentence, the probationary period does not automatically begin to run on the date the remittitur of the appellate court is made the judgment of the trial court. 241 Ga. at 445-446. Rather, the running of the probationary period "must await some act which would cause it to begin." Id. at 446. The act that causes a probationary period to run in such a case may be an act of the State or an act of the defendant. Huff v. McLarty, 241 Ga. at 446. "A sentence is not voided because of the State's delay in attempting to enforce it. . . . Where the State makes no move to initiate the sentence, the defendant must offer himself up if he wishes the term to begin to run." Id.