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Styles v. State

Trial court lacked jurisdiction to vacate and re-enter its order revoking defendant's probation while his direct appeal of the revocation order was pending.

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We granted this discretionary application to resolve conflicting lines of opinion regarding this court’s jurisdiction over pending appeals before issuance of a remittitur. The Supreme Court of this state has expressly held that a superior court is without authority to alter a judgment while an appeal of that judgment is pending. Chambers v. State, 262 Ga. 200 415 SE2d 643 1992. This court has applied that rule even when the pending appeal is dismissed for lack of jurisdiction. We therefore dismiss this appeal, and overrule the decisions of Gillis v. Goodgame, 199 Ga. App. 413 404 SE2d 815 1991, rev’d on other grounds, 262 Ga. 117 414 SE2d 197 1992, and Kent v. Brown, 238 Ga. App. 607 518 SE2d 737 1999, holding to the contrary.

On June 30, 1999, the superior court revoked Curtis Alton Styles’s probation. Styles filed a notice of appeal on July 28, 1999, and the direct appeal was docketed as Case No. A99A2476. An order dismissing Case No. A99A2476 for failure to comply with the discretionary appeal procedures was filed on August 13, 1999, but the remittitur was not issued by this court until September 3, 1999; it was filed in the superior court clerk’s office on September 7, 1999.

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