April 30, 1998

Ms. Kay Carter

Clerk

Superior Court of Charlton County

100 Third Street

Folkston , Georgia 31537

RE:	Burch v. The State

Criminal Action File Number 92R -190

Charlton Superior Court

Dear Ms. Carter:

As we discussed in our telephone conversation of this date, the Notice of Appeal sent to this Court under the above case number is an appeal which has previously come to this Court under our case number A94A0539 . Jay Wayne Burch v. The State. The case was docketed on November 29, 1993. The Court of Appeals affirmed the judgment of the trial court by this Court's opinion of May 11, 1994. Certiorari was denied by the Supreme Court of Georgia on September 8, 1994 and the remittitur went out from this Court on October 3, 1994.

I am returning the Notice of Appeal to you, because this Court will need the entire record along with the new Notice of Appeal before we can docket the appeal. Of course, the Notice of Appeal states Mr. Burch is attempting to appeal an order revoking his probation. That should be appealed by filing a discretionary application directly with the Court of Appeals pursuant to OCGA § 5-6-35.

If you have any questions, please do not hesitate to contact me.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

Enclosure