Jones v. State
309 Ga. App. 149
| Ga. Ct. App. | 2011Background
- Jones was convicted by a jury on May 18, 2009 of reckless conduct, reckless driving, and speeding.
- Jones, through counsel, timely filed extraordinary motions for new trial on May 29 and June 4, 2009, which the trial court denied.
- On August 24, 2009, the trial court entered judgment of conviction and sentence, and Jones filed a pro se notice of appeal the same day.
- Jones subsequently filed a timely pro se motion for new trial on September 23, 2009.
- On October 5, 2009, the trial court denied the motion for new trial, concluding it lacked jurisdiction to consider it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to address timely motion after appeal | Jones | Jones | Remand to consider the motion |
| Appointed counsel on appeal | Jones | Jones | Moot |
Key Cases Cited
- Housing Authority of City of Atlanta v. Geter, 252 Ga. 196 (1984) (divestiture of jurisdiction delayed until ruling on timely motion for new trial)
- Hood v. State, 282 Ga. 462 (2007) (notice of appeal filed on same day as timely motion for new trial does not divest)
- Hall v. State, 282 Ga. 294 (2007) (premature notice of appeal treated as filed upon denial of timely motion for new trial)
- Atkinson v. State, 170 Ga. App. 260 (1984) (remand not required when appellant did not pursue motion and stay)