Opinion
A23A0542
11-30-2022
MURRAY JACKSON v. THE STATE.
The Court of Appeals hereby passes the following order:
In February 2020, Murray Jackson pleaded guilty to driving with a suspended license and reckless driving and was sentenced to 48 months, to be served on probation. The State filed a motion seeking to revoke Jackson's probation in August 2022. In support of that motion, the State alleged that Jackson had failed to comply with numerous special conditions of his probationary sentence, including failure to report to the probation office, failure to complete required drug/alcohol counseling, and failure to enroll in and complete a course at a DUI school. Following a hearing, the trial court entered an order revoking Jackson's probation and requiring him to serve the balance of his sentence in incarceration. Jackson then filed this direct appeal. We, however, lack jurisdiction.
In exchange, the State agreed not to prosecute pending charges against Jackson that included endangerment of a child and failure to maintain lane.
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). And where a discretionary application is required, failure to comply with that requirement deprives this Court of jurisdiction. See Hair Restoration Specialists v. State of Ga., 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021). Accordingly, we lack jurisdiction over this direct appeal, which is hereby DISMISSED.