Vernon Jessie Wealot, Jr. v. State ( 2018 )


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  • 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.
    

Document Info

Docket Number: A19A0002

Filed Date: 8/9/2018

Precedential Status: Precedential

Modified Date: 8/9/2018