Wallace v. State

Court of Appeals of Georgia

Wallace v. State

406 S.E.2d 140, 199 Ga. App. 817, 1991 Ga. App. LEXIS 646

CourtCourt of Appeals of Georgia

DecidedMay 29, 1991

DocketA91A0302

StatusPublished

Cited by3 cases

This text of 406 S.E.2d 140 (Wallace v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wallace v. State, 406 S.E.2d 140, 199 Ga. App. 817, 1991 Ga. App. LEXIS 646 (Ga. Ct. App. 1991).

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Opinion

Andrews, Judge.

Wallace appeals his burglary conviction and contends for the first time on appeal that his trial counsel was ineffective. Wallace’s appellate counsel was appointed to the case 30 days after the notice of appeal had been filed. Since the opportunity for a hearing on this issue before the trial court was lost before appellate counsel became involved in the case, the argument was raised at the earliest possible moment. See Ponder v. State, 260 Ga. 840 (400 SE2d 922) (1991). Therefore, the case must be remanded for a hearing and appropriate findings on the issue of the asserted ineffectiveness of trial counsel. See Johnson v. State, 259 Ga. 428 (3) (383 SE2d 115) (1989); Frazier v. State, 195 Ga. App. 599 (394 SE2d 396) (1990); Weems v. State, 196 Ga. App. 429 (395 SE2d 863) (1990). Following decision of the trial court, Wallace may file a timely new notice of appeal raising all issues he could have raised in this appeal.

Because of this decision, we need not address the remaining enumerations of error.

Case dismissed and remanded with direction.

Sognier, C. J., [818]*818 and McMurray, P. J., concur. Decided May 29, 1991. Marc D. Celia, for appellant. Thomas J. Charron, District Attorney, Debra H. Bernes, Nancy I. Jordan, Assistant District Attorneys, for appellee.

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Andrews, Judge.

Wallace appeals his burglary conviction and contends for the first time on appeal that his trial counsel was ineffective. Wallace’s appellate counsel was appointed to the case 30 days after the notice of appeal had been filed. Since the opportunity for a hearing on this issue before the trial court was lost before appellate counsel became involved in the case, the argument was raised at the earliest possible moment. See Ponder v. State, 260 Ga. 840 (400 SE2d 922) (1991). Therefore, the case must be remanded for a hearing and appropriate findings on the issue of the asserted ineffectiveness of trial counsel. See Johnson v. State, 259 Ga. 428 (3) (383 SE2d 115) (1989); Frazier v. State, 195 Ga. App. 599 (394 SE2d 396) (1990); Weems v. State, 196 Ga. App. 429 (395 SE2d 863) (1990). Following decision of the trial court, Wallace may file a timely new notice of appeal raising all issues he could have raised in this appeal.

Because of this decision, we need not address the remaining enumerations of error.

Case dismissed and remanded with direction.

Sognier, C. J., [818]*818 and McMurray, P. J., concur. Decided May 29, 1991. Marc D. Celia, for appellant. Thomas J. Charron, District Attorney, Debra H. Bernes, Nancy I. Jordan, Assistant District Attorneys, for appellee.

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406 S.E.2d 140, 199 Ga. App. 817, 1991 Ga. App. LEXIS 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-state-gactapp-1991.

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