Merciers v. State

I reluctantly concur because of the decision in Dean v. State, 111 Ga. App. 123, 124 (1) (338 SE2d 711) (1985).

It is important to note, however, that this is not in actuality an appeal from an order of revocation of probation as covered by OCGA § 5-6-35 (a) (5). Appellant does not challenge the revocation, which occurred on June 8,1993. Instead, he complains about the subsequent order amending his sentence, which was entered on September 17. A direct appeal is the appropriate avenue to seek review.

That is true for another reason as well. Even if this were considered an appeal from the order…