SOBERANIS v. the STATE.
SOBERANIS v. the STATE.
Opinion
On April 5, 2017, Appellant Jorge Soberanis filed pro se a notice of appeal from a certain criminal judgment entered in the Superior Court of Cherokee County on March 20, 2017. On June 29, following docketing in this Court, the State moved to dismiss Soberanis's appeal on the basis, inter alia, that his pro se notice of appeal was a nullity because he was represented by counsel when he filed it. On the same day, this Court directed the clerk of the trial court to supplement the record with any documents in the possession of the clerk that pertained either to the release of Soberanis's trial counsel as his legal representative, the substitution of another attorney, or a finding on the record of Soberanis's waiver of his right to counsel. Before the trial court acted, new appellate counsel moved to remand. 1 We granted Soberanis's motion to remand and denied without prejudice as moot the State's motion to dismiss. The State petitioned for a writ of certiorari.
On October 16, 2017, the Supreme Court of Georgia issued
White v. State
,
at a minimum, legal representation continues-unless interrupted by entry of an order allowing counsel to withdraw or compliance with the requirements for substitution of counsel-through the end of the term at which a trial court enters a judgment of conviction and sentence on a guilty plea, during which time the [trial] court retains authority to change its prior orders *801 and judgments on motion or sua sponte for the purpose of promoting justice.
(Citation omitted.)
The Supreme Court allowed that "[t]here may be some period of time after which it no longer would be reasonable to treat a convicted defendant who has not filed a timely appeal or motion extending the time to appeal, or a timely motion to withdraw his guilty plea, as still represented by his trial or plea counsel" but found that that issue was not ripe for decision in
White v. State
.
Similarly, in this case, Soberanis filed his notice of appeal within the term of court in which judgment was entered, 4 and the record does not show that his trial counsel had been formally permitted to withdraw. Accordingly, his notice of appeal was a legal nullity, and this appeal is hereby ordered dismissed.
Appeal dismissed.
Andrews and Rickman, JJ., concur.
On July 17, 2017, new appellate counsel, filed a motion for an extension of time to file an enumeration of errors and brief in this Court, such filing being her first appearance for Soberanis.
See
Tolbert v. Toole
,
Tolbert v. Toole
,
The terms of court for the Superior Court of Cherokee County begin on the second Monday in January, May, and September. OCGA § 15-6-3 (6).
Reference
- Full Case Name
- Jorge Soberanis v. State
- Cited By
- 52 cases
- Status
- Published