William Patrick Thomas v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ April 12, 2021 The Court of Appeals hereby passes the following order: A21A1100. WILLIAM PATRICK THOMAS v. THE STATE. On December 16, 2020, the trial court entered its order of revocation after the State moved to revoke William Patrick Thomas’s probation. Thomas filed a notice of appeal from the trial court’s order. We, however, lack jurisdiction. An application for discretionary appeal is required to appeal an order revoking probation. OCGA § 5-6- 35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 ( 513 SE2d 287 ) (1999) (holding that where the underlying subject matter is probation revocation, the discretionary appeal procedure applies); accord White v. State, 233 Ga. App. 873, 874 ( 505 SE2d 228 ) (1998). Thomas’s failure to follow the required appellate procedure deprives us of jurisdiction. Accordingly, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/12/2021 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.