JOHNSON v. STATE (1999)

Defendant, appearing pro se, filed this direct appeal after the trial court entered orders revoking defendant's probation and granting defendant's motion for out-of-time appeal.   Defendant, appearing pro se, previously had filed an application for discretionary appeal from these orders, pursuant to OCGA § 5-6-35(a)(5), in Court of Appeals Case No. A99D0185, but this application was dismissed because it was not filed within 30 days of the trial court's order granting defendant's motion for out-of-time appeal as required by OCGA § 5-6-35(d).   Held:

Appeals from orders revoking probation must be made by application filed directly with the appropriate court within 30 days of the date of the revocation order.   See OCGA § 5-6-35(a)(5) & (d).   As no such application was [timely] filed in [the] case [sub judice within 30 days after entry of the order revoking defendant's probation or within 30 days after entry of the order granting defendant's motion for out-of-time appeal, this direct] appeal must be dismissed for lack of jurisdiction.

Scriven v. State, 179 Ga.App. 513, 346 S.E.2d 906.

Appeal dismissed.

McMURRAY, Presiding Judge.

ANDREWS and RUFFIN, JJ., concur.