Court of Appeals of the State of Georgia ATLANTA,_________________ July 26, 2012 The Court of Appeals hereby passes the following order: A12D0454. GARY LEWIS v. THE STATE.

Gary Lewis was serving a probated sentence imposed by Judge T. Jackson Bedford, Jr. Following the alleged commission of a new offense, the state sought to revoke his probation. A hearing was held, and on May 17, 2012, a different judge entered an order revoking one year of probation. On June 6, 2012, Judge Bedford entered an order vacating the revocation order and requiring Lewis to be returned for a second revocation hearing. Lewis filed this discretionary application seeking to appeal the June 6 order.

Because Lewis’s probation revocation remains pending below, the order that Lewis wishes to appeal is interlocutory in nature. A party seeking appellate review from an interlocutory order must follow the interlocutory appeal procedure, which requires a certificate of immediate review from the trial court and compliance with requisite time limitations. See OCGA § 5-6-34 (b); Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996); Boyd v. State, 191 Ga. App. 435 (383 SE2d 906) (1989).

OCGA § 5-6-35, which governs discretionary appeal procedure, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b). See Bailey, supra. Accordingly, Lewis’s failure to comply with the proper appeal procedure deprives us of jurisdiction, and this application for discretionary appeal is thus DISMISSED.1

After the trial court enters a final revocation order, Lewis may file a discretionary application seeking to appeal both that order and the June 6, 2012 order vacating the prior revocation ruling. See, e. g., OCGA § 5-6-34 (d).

Court of Appeals of the State of Georgia 07/26/2012 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.