Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 23, 2018
The Court of Appeals hereby passes the following order:
A19A0035. DAVID ALLEN GROVES v. THE STATE.
In 2008, David Allen Groves pleaded guilty to seven counts of entering a
vehicle with the intent to commit a theft. The trial court sentenced Groves to serve
five years in confinement followed by twenty-five years of probation. Groves’s
probation was subsequently revoked in full in December 2015. Thereafter, Groves
filed his “Defendant Motion to Vacate Void Sentence.” The trial court denied
Groves’s motion, and he filed this direct appeal. We, however, lack jurisdiction.
In construing pleadings, substance controls over nomenclature. Kuriatnyk v.
Kuriatnyk, 286 Ga. 589, 590 (690 SE2d 397) (2010). In his “Defendant Motion to
Vacate Void Sentence,” Groves challenges the revocation of his probation. Because
the underlying subject matter of Groves’s appeal is the revocation of his probation,
he was required to file an application for discretionary appeal to obtain review in this
Court. See OCGA § 5-6-35 (a) (5), (b); Jones v. State, 322 Ga. App. 269, 269, n. 2
(745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214)
(1997). His failure to do so deprives us of jurisdiction over this appeal, which is
hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/23/2018
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.