Opinion
S23C1037
11-09-2023
ISAAC HOWARD v. THE STATE.
Court of Appeals Case Nos. A23A1488, A23A1489
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
The Honorable Supreme Court met pursuant to adjournment. The following order was passed: Court of Appeals Case No. A23A1488, A23A1489 The Supreme Court today granted the writ of certiorari in this case as case No. S23G1037 .
This case will be assigned to the March 2024 oral argument calendar automatically under Supreme Court Rule 50 (1) (a). Oral argument is mandatory in granted certiorari cases.
This Court is particularly concerned with the following issue or issues:
Whether an appellant seeking review of an order revoking his first-offender status has the right to a direct appeal under OCGA § 5-6-34 (a) (1), or is instead required to file a discretionary application under OCGA § 5-6-35 (b). See OCGA § 5-6-35 (a) (5); OCGA § 42-8-64; Dean v. State, 177 Ga.App. 123 (338 S.E.2d 711) (1985); Zamora v. State, 226 Ga.App. 105 (485 S.E.2d 214) (1997). But see Dean, 177 Ga.App. at 127-130 (Beasley, J., dissenting in part).
Briefs should be submitted only on these points. See Supreme Court Rule 45.
All the Justices concur, except Warren, Ellington, McMillian, and LaGrua, JJ., who dissent.