Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 09, 2026 The Court of Appeals hereby passes the following order: A27D0066. WESLEY ROBERT SNYDER v. THE STATE. The Whitfield County Superior Court revoked Wesley Robert Snyder’s probation and first-offender status after he violated the terms of his probation. Snyder filed the instant application for discretionary appeal, but the order he seeks to challenge is directly appealable. Snyder was charged with two counts of family violence aggravated assault (Counts 1 and 2), false imprisonment (Count 3), terroristic threats (Count 4), family violence battery (Count 5), family violence simple battery (Count 6), and hindering an emergency telephone call (Count 7). In February 2026, Snyder pleaded guilty as a first offender to the lesser-included offense of family violence battery on Count 1, to Count 4, and to Count 6 in exchange for the State nolle prossing the remaining counts and was sentenced to 24 months’ probation, with credit for time served.1 As a special condition of probation, Snyder was to have no direct or indirect contact with the mother of his children. In April 2026, the State filed a petition for adjudication of guilt and imposition of sentence, alleging that Snyder violated his probation by having indirect contact with the mother and committing the new criminal offense of aggravated stalking. On May 29, 2026, the trial court entered an order of adjudication of guilt, finding that Snyder committed the crime of stalking, revoking Snyder’s first offender sentence, and 1 Snyder was sentenced to 12 months on Count 1, 12 months on Count 4, consecutive to Count 1, and 12 months on Count 6, concurrent with Count 4. ordering him to serve 36 months in confinement. Snyder filed a notice of appeal from the order revoking his first offender status, and we dismissed his appeal for failure to comply with interlocutory appeal procedures because the trial court had not disposed of Count 7 in its February 2026 disposition. See Case No. A26A2248 (July 9, 2026). On July 16, 2026, the trial court entered a new disposition, nolle prossing Count 7, nunc pro tunc, expressly superseding the previous February 2026 order, and Snyder filed the instant application for discretionary review.2 Ordinarily, appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35(a)(5). However, the Supreme Court of Georgia has recently held “that the entry of an adjudication of guilt and revocation of a defendant’s first-offender status is directly appealable.” Howard v. State, 319 Ga. 114, 114 (902 SE2d 551) (2024). Because Snyder seeks to challenge the trial court’s entry of an adjudication of guilt and revocation of his first-offender status, the order may be appealed directly. See id. We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35(j). Accordingly, this application is hereby GRANTED. Snyder shall have ten days from the date of this order to file a notice of appeal with the trial court. If he has already filed a notice of appeal in the trial court, he need not file a second notice. The clerk of the superior court is DIRECTED 2 The State argues that the application should be dismissed as untimely because Snyder was required to file his application within 30 days of the trial court’s May 29, 2026 order revoking his first offender probation and that the nunc pro tunc order did not restart the time within which Snyder could appeal. However, as noted in Case No. A26A2248, the May 2026 order was not final. The instant application is timely from the final order, entered on July 16, 2026. to include a copy of this order in the appeal record transmitted to this Court. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/09/2026 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.