Court of Appeals of the State of Georgia ATLANTA,____________________ August 11, 2015 The Court of Appeals hereby passes the following order: A15D0505. QUENTIN ANTONIA MALLORY v. THE STATE.

Quentin Antonia Mallory filed an application for discretionary review from the trial court’s order denying his motion to modify the probationary portion of his sentence, pursuant to OCGA §§ 5-6-35 and 42-12-8. Neither of these statutes, however, mandate the filing of an application for discretionary appeal. 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. Mallory 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.

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.

Court of Appeals of the State of Georgia 08/11/2015 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.