Tony Jerome Pennington v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 15, 2025

The Court of Appeals hereby passes the following order:

A26A0203. TONY JEROME PENNINGTON v. THE STATE.

Tony Jerome Pennington filed this direct appeal from the trial court’s order revoking his probation. However, an application for discretionary appeal is required to appeal an order revoking probation. OCGA § 5-6-35 (a) (5). See also Jones v. State, 340 Ga. App. 101, 102 (796 SE2d 487) (2017); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Pennington’s failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/15/2025

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.