Georgia Court of Appeals, 2012

Neil Trutt v. State

Neil Trutt v. State
Georgia Court of Appeals · Decided June 19, 2012

Neil Trutt v. State

Opinion

Court of Appeals of the State of Georgia ATLANTA,_________________ June 19, 2012 The Court of Appeals hereby passes the following order: A12A1994. NEIL TRUTT v. THE STATE.

Neil Trutt was convicted of drug crimes and sentenced to probation. The trial court later revoked his probation and sentenced him to imprisonment. Trutt filed motions to vacate an allegedly void sentence, arguing that the trial court had not been authorized to revoke more than two years of his probation. The trial court denied the motions, and this direct appeal followed.

Because the underlying subject matter of Trutt’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). His failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider this appeal, which is therefore DISMISSED.

Court of Appeals of the State of Georgia 06/19/2012 Clerk’s Office, Atlanta,_________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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