dismissing a direct appeal from a probation revocation arising from defendant’s first offender status
How later courts described this case
- dismissing a direct appeal from a probation revocation arising from defendant’s first offender status
- the discretionary appeal procedure of OCGA § 5-6-35 (a) (5) is applicable to the revocation of “first offender” probation
Written by the judges who cited it.
The opinion
Beasley, Judge,
concurring specially.
I am compelled to concur because of the controlling whole court case of Dean v. State, 177 Ga. App. 123 ( 338 SE2d 711 ) (1985). However, relegating these cases to the probation revocation category, where permission to appeal is required, denies the right to appeal to a first offender who becomes adjudicated guilty of the crime and sentenced to incarceration. Defendants should not lose this valuable right as a consequence of first offender treatment.