Opinion
A25A0692
11-15-2024
JEREMY HARPER v. THE STATE.
The Court of Appeals hereby passes the following order:
Jeremy Harper filed this direct appeal from the trial court's order revoking his probation. However, 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 S.E.2d 287) (1999). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Because Harper did not comply with the discretionary appeals procedure,this direct appeal is hereby DISMISSED.
Although Harper styled his notice of appeal as a "Petition for Appeal of Probation Revocation," he filed it in the trial court. An application for discretionary appeal must be filed in the appellate court. See OCGA § 5-6-35 (d) & Court of Appeals Rule 31 (explaining requirements for filing a discretionary application). Accordingly, Harper's filing cannot be construed as a discretionary application.