Gary Lewis v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ July 26, 2012

The Court of Appeals hereby passes the following order:

A12D0454. GARY LEWIS v. THE STATE.

Gary Lewis was serving a probated sentence imposed by Judge T. Jackson Bedford, Jr. Following the alleged commission of a new offense, the state sought to revoke his probation. A hearing was held, and on May 17, 2012, a different judge entered an order revoking one year of probation. On June 6, 2012, Judge Bedford entered an order vacating the revocation order and requiring Lewis to be returned for a second revocation hearing. Lewis filed this discretionary application seeking to appeal the June 6 order. Because Lewis’s probation revocation remains pending below, the order that Lewis wishes to appeal is interlocutory in nature. A party seeking appellate review from an interlocutory order must follow the interlocutory appeal procedure, which requires a certificate of immediate review from the trial court and compliance with requisite time limitations. See OCGA § 5-6-34 (b); Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996); Boyd v. State, 191 Ga. App. 435 (383 SE2d 906) (1989). OCGA § 5-6-35, which governs discretionary appeal procedure, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b). See Bailey, supra. Accordingly, Lewis’s failure to comply with the proper appeal procedure deprives us of jurisdiction, and this application for discretionary appeal is thus DISMISSED.1

1 After the trial court enters a final revocation order, Lewis may file a discretionary application seeking to appeal both that order and the June 6, 2012 order vacating the prior revocation ruling. See, e. g., OCGA § 5-6-34 (d). Court of Appeals of the State of Georgia 07/26/2012 Clerk’s Office, Atlanta,_________________ 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.