Background
Robert Terry Ray sought appellate review of a trial court order revoking his probation.
Ray filed a notice of appeal, proceeding as though he had a right to a direct appeal. The Court of Appeals considered whether that procedure invoked its jurisdiction.
The Court’s Holding
The Court of Appeals held that appeals from probation revocation orders must be initiated through an application for discretionary appeal under OCGA § 5-6-35(a)(5) and (b).
Because compliance with the discretionary-appeal procedure is jurisdictional, Ray’s failure to file the required application deprived the court of jurisdiction. The court dismissed the appeal.
Key Takeaways
- A probation revocation order is subject to Georgia’s discretionary-appeal procedure.
- Filing a notice of appeal alone does not invoke appellate jurisdiction over such an order.
- Failure to comply with the required procedure results in dismissal for lack of jurisdiction.
Why It Matters
The order underscores that counsel challenging a Georgia probation revocation must file an application for discretionary appeal rather than pursue a direct appeal by notice alone. Selecting the wrong appellate procedure is a jurisdictional defect that prevents consideration of the merits.