Opinion
A23A1219
04-04-2023
SAMUEL DAVIS v. THE STATE
In 2011, Samuel Davis pled guilty to burglary, and he was sentenced to probation. The trial court revoked Davis's probation, and Davis filed a motion for new trial. After, the trial court denied the motion, Davis filed this appeal. We, however, lack jurisdiction.
"In determining the proper procedure to follow in pursuing an appeal, the underlying subject matter generally controls over the relief sought." Self v. Bayneum, 265 Ga. 14, 14-15 (453 S.E.2d 27) (1995). Because the underlying subject matter of this appeal is the revocation of Davis's probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5), (b); Todd v. State, 236 Ga.App. 757, 758 (513 S.E.2d 287) (1999). His failure to do so deprives this Court of jurisdiction over this direct appeal, which is hereby DISMISSED.