Omar D. Little v. State

• Court: Court of Appeals of Georgia
• Decided: January 25, 2016
• Docket: A16D0215
• Status: Published

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ January 25, 2016

The Court of Appeals hereby passes the following order:

A16D0215. OMAR D. LITTLE v. THE STATE.

Omar Little has been charged with criminal street gang activity, in violation of OCGA § 16-15-4. On December 17, 2015, the magistrate court entered an order finding that probable cause exists and transferring Little’s prosecution to the superior court. Little has filed a pro se application for discretionary appeal from this order. We lack jurisdiction for two reasons. First, Little’s pro se application is a nullity because he currently is represented by counsel in this action and thus may not attempt to represent himself. See Tolbert v. Toole, 296 Ga. 357, 361-363 (3) (767 SE2d 24) (2014); Jacobsen v. Haldi, 210 Ga. App. 817, 818-819 (1) (437 SE2d 819) (1993). Second, because Little’s prosecution remains pending below, he was required to use the interlocutory appeal procedures— including obtaining a certificate of immediate review from the trial court—to appeal the court order designated in his application. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App. 435 (383 SE2d 906) (1989). His failure to do so deprives us of jurisdiction over his application. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996).1 For both of the above reasons, Little’s application for discretionary appeal is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 01/25/2016 Clerk’s Office, Atlanta,____________________ 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.

1 To the extent that Little seeks to appeal the superior court’s order setting bond, we lack jurisdiction for the same reasons.