Bradley Alexander Gillispie v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 22, 2019

The Court of Appeals hereby passes the following order:

A19A2368. BRADLEY ALEXANDER GILLISPIE v. THE STATE.

Bradley Alexander Gillispie pled guilty to theft by taking, and the trial court placed him on probation under the First Offender Act, OCGA § 42-8-60 et seq. Thereafter, the trial court revoked Gillispie’s probation. Gillispie has filed a direct appeal of the order revoking his probation. We lack jurisdiction.

The discretionary appeal procedure of OCGA § 5-6-35 (a) (5) applies to the revocation and modification of “first offender” probation. See Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997); Dean v. State, 177 Ga. App. 123, 124-125 (1) (338 SE2d 711) (1985). Because Gillispie failed to follow the discretionary appeal procedure, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/22/2019

I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.