Dekeitheon Mobley v. State

Summary

The Georgia Court of Appeals dismissed Dekeitheon Mobley’s direct appeal from an order revoking probation. The court held that an appeal from a probation revocation order must be brought by application for discretionary appeal under OCGA § 5-6-35(a)(5), and that failure to use the required procedure deprived the court of jurisdiction.

Holdings

1. An appeal from a probation revocation order must be taken by application for discretionary appeal under OCGA § 5-6-35 (a)(5), not by direct appeal.
2. Compliance with the discretionary-appeal procedure is jurisdictional; failure to comply deprives the Court of Appeals of jurisdiction and requires dismissal of the appeal.

Questions Presented

1. Whether a probation revocation order must be appealed through the discretionary-appeal procedure rather than by direct appeal.
2. Whether failure to comply with the discretionary-appeal procedure deprives the Court of Appeals of jurisdiction.

Disposition

dismissed