Vernon Jessie Wealot, Jr. v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ August 09, 2018 The Court of Appeals hereby passes the following order: A19A0002. VERNON JESSIE WEALOT, JR. v. THE STATE. In 2016, Vernon Wealot, Jr. pled guilty to possession with intent to distribute methamphetamine, and the trial court imposed a 15-year sentence, with the first 180 days to be served in a probation detention center, and the remainder to be served on probation. The trial court revoked four years of Wealot’s probation in April 2018 after finding that he had committed a new criminal offense. Wealot 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); 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). Wealot’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,____________________ 08/09/2018 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.