William Patrick Thomas v. State

• Court: Court of Appeals of Georgia
• Decided: April 12, 2021
• Docket: A21A1100
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 12, 2021

The Court of Appeals hereby passes the following order:

A21A1100. WILLIAM PATRICK THOMAS v. THE STATE.

On December 16, 2020, the trial court entered its order of revocation after the State moved to revoke William Patrick Thomas’s probation. Thomas filed a notice of appeal from the trial court’s order. We, however, lack jurisdiction. An application for discretionary appeal is required to appeal an order revoking probation. OCGA § 5-6- 35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999) (holding that where the underlying subject matter is probation revocation, the discretionary appeal procedure applies); accord White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998). Thomas’s failure to follow the required appellate procedure deprives us of jurisdiction. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/12/2021 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.