345 Ga. App. 403
Ga. Ct. App.2018Background
- Appellant Jorge Soberanis filed a pro se notice of appeal from a Cherokee County superior court criminal judgment entered March 20, 2017.
- At the time he filed the pro se notice (April 5, 2017), trial counsel had not been formally permitted to withdraw according to the trial-court record.
- The State moved to dismiss the appeal arguing the pro se filing was a nullity because Soberanis was represented by counsel.
- This Court initially remanded for supplementation of the record and granted a motion to remand after new appellate counsel appeared; the State sought certiorari.
- The Georgia Supreme Court’s decision in White v. State clarified that counsel’s representation continues, unless formally withdrawn or substituted, at least through the term in which judgment is entered, rendering pro se filings by represented defendants nullities.
- Applying White, the Court concluded Soberanis’s pro se notice of appeal—filed during the term of court without an order permitting counsel’s withdrawal—was a legal nullity and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a pro se notice of appeal filed during the term of court is valid when trial counsel has not been formally withdrawn | Soberanis implicitly argued his pro se notice should be effective to invoke appellate jurisdiction | The State argued the notice was a nullity because trial counsel remained counsel of record absent a formal withdrawal/substitution | The Court held the pro se notice was a nullity and dismissed the appeal because counsel remained of record during the term of court |
Key Cases Cited
- White v. State, 302 Ga. 315 (806 S.E.2d 489) (2017) (representation by counsel continues through the term of court unless counsel is permitted to withdraw)
- Tolbert v. Toole, 296 Ga. 357 (767 S.E.2d 24) (2014) (formal order permitting withdrawal is required for counsel to cease being counsel of record)
- Williams v. Moody, 287 Ga. 665 (697 S.E.2d 199) (2010) (pro se filings by a represented criminal defendant are unauthorized and without effect)
- Maddox v. State, 218 Ga. App. 320 (461 S.E.2d 286) (1995) (same: pro se filings by represented defendants are nullities)