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WELLS v. STATE

No. A98A2407.

512 S.E.2d 711 (1999)

236 Ga. App. 607

WELLS v. The STATE.

Court of Appeals of Georgia.

February 22, 1999.

Attorney(s) appearing for the Case

Ray C. Smith, Richmond Hill, for appellant.

Spencer Lawton, Jr., District Attorney, Barbara G. Parker, Assistant District Attorney, for appellee.

SMITH, Judge.

We granted Reuben Wells's application for discretionary appeal to consider whether the trial court properly dismissed his "Motion to Set Aside Revocation of Probation and, in the Alternative, Motion for New Trial." Because the trial court incorrectly concluded that OCGA § 5-6-35 barred the filing of such a motion, we vacate the order and remand for further proceedings consistent with this opinion.

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