Court of Appeals of the State of Georgia ATLANTA,__________________ January 09, 2014

The Court of Appeals hereby passes the following order: A14D0175. TROY LEE CARTER v. THE STATE.

Troy Lee Carter has filed an application for discretionary appeal, seeking review of the trial court’s order denying his motion to modify sentence. There is no provision of OCGA § 5-6-35 (a) that requires an application for discretionary appeal from a trial court’s order denying a motion to modify a sentence.1 If an applicant applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Carter shall have ten days from the date of this order to file a notice of appeal with the trial court. If, however, he has already filed a notice of appeal, he need not file a second notice. The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia 01/09/2014 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.

An application is not required under the Prison Litigation Reform Act of 1996 because this is not a civil matter. See Jones v. Townsend, 267 Ga. 489, 490 (480 SE2d 24) (1997); OCGA § 42-12-1 et seq.