Wells v. State

Smith, Judge.

We granted Reuben Wells’s application for discretionary appeal to consider whether the trial court properly dismissed his “Motion to Set Aside Revocation of Probation and, in the Alternative, Motion for New Triál.” Because the trial court incorrectly concluded that OCGA § 5-6-35 barred the filing of such a motion, we vacate the order and remand for further proceedings consistent with this opinion.

In the trial court’s order, it correctly noted that the discretionary appeal procedures apply to an order revoking probation, see OCGA § 5-6-35 (a) (5), and that under subsection (b) all…