Georgia Court of Appeals, 1986

Scriven v. State

Georgia Court of Appeals · Decided June 25, 1986 · Banke, Birdsong, Sognier

346 S.E.2d 906; 179 Ga. App. 513; 1986 Ga. App. LEXIS 1968 (South Eastern Reporter, Second Series)

Opinion

Banke, Chief Judge.

Following the revocation of his probation, the appellant filed a “Petition for Appeal” with the trial court. The trial court dismissed that petition, following which the appellant filed an “Out-of-Date Appeal” to this court. Held:

Appeals from orders revoking probation must be made by application filed directly with the appropriate court within 30 days of the date of the revocation order. See OCGA § 5-6-35 (a) (5) & (d). As no *514 such application was filed in this case, the appeal must be dismissed for lack of jurisdiction.

Decided June 25, 1986. James Scriven, pro se. Dupont K. Cheney, District Attorney, for appellee.

Appeal dismissed.

Birdsong, P. J., and Sognier, J., concur.

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