Alan Ortiz-Gallegos v. State
CourtCourt of Appeals of Georgia
Date FiledOctober 28, 2026
DocketA27D0127
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 28, 2026
The Court of Appeals hereby passes the following order:
A27D0127. ALAN ORTIZ-GALLEGOS v. THE STATE.
On October 8, 2026, this Court denied Alan Ortiz-Gallegos’s application for
discretionary appeal of a trial court order revoking eighteen months of his three-year
probation under a conditional discharge sentence. Ortiz-Gallegos seeks
reconsideration of this ruling, arguing, among other things, that he is entitled to a
direct appeal rather than a discretionary appeal. We GRANT the motion for
reconsideration and VACATE our October 8, 2026 order denying the application,
which is hereby REINSTATED and GRANTED.
The parties are directed to address specifically, in their appellate briefs, the
right to a direct appeal from a probation revocation stemming from a conditional
discharge sentence entered pursuant to OCGA § 16-3-2.
Ortiz-Gallegos may file a notice of appeal within 10 days of the date of this order
if he has not already done so. If he has already done so, he need not file a second
notice. The clerk of the trial court is DIRECTED to include a copy of this order in the
record transmitted to the Court of Appeals.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/28/2026
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.