Larry Palmer v. State

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.