Larry Palmer v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 21, 2019

The Court of Appeals hereby passes the following order:

A20A0100. LARRY PALMER v. THE STATE.

In 2009, Larry Palmer pled guilty to burglary, and, the following year, the trial court imposed a prison sentence, to be followed by a term of probation. In 2014, the trial court revoked five years of Palmer’s probation after finding that he had committed a new criminal offense. Palmer then filed this direct appeal. We lack jurisdiction. An appeal from an order revoking probation must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5), (b); see Andrews v. State, 276 Ga. App. 428, 430-431 (1) & n. 3 (623 SE2d 247) (2005). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Palmer’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/21/2019 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.