SPRATLIN v. STATE

A17A2076.

DAVID WAYNE SPRATLIN, JR., v. THE STATE.

Court of Appeals of Georgia.


Attorney(s) appearing for the Case

David Wayne Spratlin, Jr., for Appellant.

David Parks White , for Appellee.


Order

In 2013, David Wayne Spratlin, Jr., pled guilty to possession of methamphetamine and obstruction of an officer, and the trial court gave him a partially probated sentence. In 2014, the trial court revoked Spratlin's probation after finding that he had violated conditions of his probation by committing new felony and misdemeanor offenses and using methamphetamine. In 2017, Spratlin filed a "Motion for Modification/Reduction of Sentence," which the trial court denied. Spratlin then filed this direct appeal. We, however, lack jurisdiction.

Because the underlying subject matter of this appeal is the revocation of Spratlin's probation, he was required to file an application for discretionary appeal in order to obtain appellate review. See OCGA § 5-6-35 (a) (5); Todd v. State, 236 Ga.App. 757, 758 (513 S.E.2d 287) (1999); White v. State, 233 Ga.App. 873, 874 (505 S.E.2d 228) (1998). His failure to do so deprives us of jurisdiction over this direct appeal, which is therefore DISMISSED.


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