Court of Appeals of Georgia December 11, 2003, A03A1892 (Middleton v. State)

Miller, Judge.

Ronald Middleton pled guilty to theft by conversion and requested that the court accord him first offender treatment. Noting that Middleton’s prior South Carolina conviction appeared to be a felony, the court declined and sentenced Middleton to five years probation; however, the court did give Middleton thirty days to present evidence that the prior conviction was a misdemeanor and