Phillips v. State

Clarke, Chief Justice.

Phillips was convicted in the Probate Court of Meriwether County of speeding and driving under the influence of alcohol. The convictions were affirmed by the Superior Court of Meriwether County. Phillips then filed a direct appeal to the Court of Appeals. The Court of Appeals dismissed the case, holding that the appeal required an application. Phillips v. State, A90A1325 (unpublished). We granted certiorari to consider whether an application is required.

OCGA § 5-6-35 describes the discretionary appeal procedure. The types of cases requiring an application for appeal are…