Winfred Johnson v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 01, 2017

The Court of Appeals hereby passes the following order:

A17A2088. WINFRED JOHNSON v. THE STATE.

A jury found Winfred Johnson guilty of first-degree burglary. Johnson’s attorney filed a motion for new trial, which the trial court denied. Johnson has filed a pro se notice of appeal of that denial. We, however, lack jurisdiction.

A criminal defendant does not have the right to represent himself while also being represented by an attorney. 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). Nothing in the record indicates that Johnson’s attorney has been permitted to withdraw. Accordingly, his pro se notice of appeal is a nullity, see id., and this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/01/2017

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.