Clifford Conner v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 12, 2015

The Court of Appeals hereby passes the following order: A15A2223. CLIFFORD CONNER v. THE STATE.

In 2007, Clifford Conner pled guilty to seven counts of child molestation. After serving a portion of his sentence, he was released on probation. Conner’s probation was revoked in April 2014, and in July 2014 Conner filed a motion for out-of-time appeal from the order revoking his probation. The trial court denied the motion, and Conner filed this direct appeal. We, however, lack jurisdiction. “An out-of-time appeal serves as the remedy for a frustrated right of appeal for a criminal defendant whose conviction has not been reviewed by an appellate court.” (Punctuation and citation omitted.) Lewis v. State, 300 Ga. App. 586 (685 SE2d 485) (2009). A defendant does not have a right of appeal from an order revoking probation; any such appeal must come by way of an application for discretionary appeal. See OCGA § 5-6-35 (a) (5). Thus, Conner is not entitled to an out-of-time appeal. Moreover, as Conner seeks to challenge the revocation of his probation, his failure to file a discretionary application deprives this Court of jurisdiction to entertain his appeal. See White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 08/12/2015 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.