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Howardv.The State

CourtSupreme Court of Georgia
Docket No.S23G1037
DecidedMay 29, 2024
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureAppellate ProcedureStatutory InterpretationReversalDissent
Case Summary

Isaac Taqai Howard pleaded guilty under Georgia’s First Offender Act and was later adjudicated guilty and resentenced after alleged probation violations. He filed a direct appeal, but the Court of Appeals dismissed it on the ground that he was required to seek discretionary review. The Supreme Court of Georgia held that the entry of an adjudication of guilt and revocation of first-offender status is directly appealable under the governing appellate statute. The Court reversed the Court of Appeals’ jurisdictional dismissal. A dissent would have treated an order revoking probation as subject to the discretionary-appeal requirement even when the same order also adjudicates guilt, based on the statutory text and existing precedent.

Opinion

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