Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ July 23, 2026 The Court of Appeals hereby passes the following order: A26D0634. KENNETH BLOUNT v. COLUMBIA COUNTY. In 2024, Kenneth Blount entered a plea in probate court to driving under the influence of alcohol and failure to report upon striking a fixed object.1 He petitioned the superior court for review, which affirmed his conviction on June 9, 2026. Blount then filed an application for discretionary appeal in this Court. Blount is entitled to a direct appeal. The discretionary appeal procedures generally apply when the appellant is seeking review of a superior court order reviewing a lower court’s decision. See OCGA § 5-6-35(a)(1). By its terms, however, OCGA § 5-6-35(a)(1) does not apply when the lower court decision was issued by the probate court. See also Power v. State, 231 Ga. App. 335, 336 (499 SE2d 356) (1998) (noting in a direct appeal from a DUI conviction that “an appeal from the superior court appellate review of an appeal from the probate court on a traffic case under OCGA § 40-13-28 comes on direct appeal to the Court of Appeals and not as a discretionary appeal under OCGA § 5-6-35”). Thus, the superior court’s order here is directly appealable. 1 Effective May 14, 2025, OCGA § 5-6-35(a)(5.3) requires a discretionary application for a direct appeal from a guilty plea. Because Blount’s sentence was entered before the change in the law, and for the reasons discussed herein, this case is subject to direct appeal. See Clark v. State, 378 Ga. App. 111, 111 n.1 (924 SE2d 346) (2025). Accordingly, Blount’s application for discretionary appeal is hereby GRANTED pursuant to OCGA § 5-6-35(j). Blount shall have ten days from the date of this order to file his notice of appeal in the superior court. OCGA § 5-6-35(g). The clerk of superior 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,____________________ 07/23/2026 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.