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173 Ga. App. 453

Lamb v. State

Court of Appeals of Georgia

Decided February 7, 1985

Court of Appeals of Georgia · decided 1985-02-07

Relies on In the Interest of J. E. P. · 166 Ga. App. 228 - Walker v. City of MacOn · 168 Ga. App. 30 - In the Interest of J. E. P.

Decided 1985-02-07

Beasley, Judge.

¶1The State has filed a motion to dismiss an attempted direct appeal from an order of the Superior Court of DeKalb County, entered November 1, 1984, revoking the appellant’s probation. Held:

¶2Appellant has filed a “Bill of Exceptions,” in substance a notice of appeal under OCGA § 5-6-37.

¶3Inasmuch as the instant appeal falls within a category of cases for which there must be an application for discretionary review under OCGA § 5-6-35 (as amended effective July 1, 1984), and for which *454direct appeal is therefore improper, it must be dismissed. Walker v. City of Macon, 166 Ga. App. 228 (303 SE2d 776) (1983); In the interest of J. E. P., 168 Ga. App. 30 (308 SE2d 712) (1983), affirmed, 252 Ga. 520 (315 SE2d 416) (1984); Holbrook v. State, 173 Ga. App. 251 (326 SE2d 240) (1985).

Decided February 7, 1985.James R. Venable, for appellant.Robert E. Wilson, District Attorney, Robert M. Coker, Susan Brooks, Assistant District Attorneys, for appellee.

¶4Appeal dismissed.

Deen, P. J., and Pope, J., concur.
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