Elissco Wasson-Smith v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 09, 2023

The Court of Appeals hereby passes the following order: A23A0960. ELISSCO WASSON-SMITH v. THE STATE.

In 2020, Elissco Wasson-Smith pled guilty to the offense of failing to register as a sex offender, and was sentenced to seven years of probation. The State subsequently filed a petition to revoke his probation, alleging that he violated its terms by committing new offenses. After a hearing, the court revoked the balance of his probation. Wasson-Smith filed a motion to vacate the probation revocation order. The trial court dismissed the motion, and Wasson-Smith filed this direct appeal. We lack jurisdiction. Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269, n. 2 (745 SE2d 1) (2013). And where a discretionary application is required, failure to comply with that requirement deprives this Court of jurisdiction. See Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021). Accordingly, we lack jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/09/2023 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.