Appellant is incarcerated in the Chatham County Detention Center awaiting trial on a 2007 indictment for burglary and obstruction. The pending charges are also the basis of a petition to revoke appellant’s probation for a 1999 burglary conviction. A hearing was held on the petition to revoke probation, but the trial court did not issue a ruling. More than a month later, appellant, proceeding pro se, filed a pre-trial petition for habeas relief, contending his attorney was ineffective for failing to object to the revocation hearing being held prior to his completion of a forensic evaluation. At the habeas hearing, the court received evidence that appellant refused to undergo the forensic evaluation and determined that appellant’s probation revocation proceeding was still pending. Based on this information, the trial court denied habeas relief. Appellant now appeals.
1. As a prisoner awaiting trial and in custody in lieu of bond, appellant is entitled to a direct appeal from the denial of his petition seeking habeas relief. OCGA § 9-14-22;
Smith v. Nichols,
2. When the underlying criminal matter is still pending, an allegation of ineffective assistance of counsel cannot form the basis of a pre-trial petition for habeas corpus.
Perera v. Miller,
Judgment affirmed.