Opinion
A23A0191
09-29-2022
CARL ALLEN LEWIS v. THE STATE.
The Court of Appeals hereby passes the following order
In 2015, Carl Allen Lewis pleaded guilty to burglary and was sentenced to twenty years, to serve five in prison, and the remainder on probation. Lewis's probation was revoked on June 27, 2022, and he filed the instant appeal therefrom. However, 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 S.E.2d 1) (2013); Zamora v. State, 226 Ga.App. 105 (485 S.E.2d 214) (1997). Thus, Lewis has no right to direct appeal. Moreover, even if Lewis was entitled to a direct appeal, his notice of appeal was untimely. To be timely, a notice of appeal must be filed within 30 days after entry of the order on appeal. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Couch v. United Paperworkers Intl. Union, 224 Ga.App. 721, 721 (482 S.E.2d 704) (1997). Here, Lewis filed his notice of appeal on July 28, 2022, 31 days after entry of the trial court's order revoking his probation.
For these reasons, we lack jurisdiction over this direct appeal, which is hereby DISMISSED.