Georgia Court of Appeals, 2020

James Wymer v. State

James Wymer v. State
Georgia Court of Appeals · Decided January 28, 2020

James Wymer v. State

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ January 09, 2020 The Court of Appeals hereby passes the following order: A20D0220. JAMES WYMER v. THE STATE.

James Wymer seeks discretionary view of the trial court’s orders denying his pre-trial request to represent himself at trial and appointing him counsel. We, however, lack jurisdiction.

Wymer’s criminal case remains pending below. See Keller v. State, 275 Ga. 680, 680-681 (571 SE2d 806) (2002) (a criminal case remains pending until the court enters a written judgment of conviction and sentence). Therefore, the orders Wymer wishes to appeal are interlocutory in nature. See Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 589 (1) (408 SE2d 103) (1991). A party seeking appellate review from an interlocutory order must follow the interlocutory application procedure set forth in OCGA § 5-6-34 (b), which includes obtaining a certificate of immediate review from the trial court and filing within ten days of the order. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). OCGA § 5-6-35, which governs the discretionary appeal procedure, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b). See Bailey, supra. Wymer’s failure to follow the interlocutory appeal procedure deprives us of jurisdiction over this application, which is therefore DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/09/2020 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.

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