Lulince Pierre v. State ( 2017 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
February 09, 2017
The Court of Appeals hereby passes the following order:
A17D0263. LULINCE PIERRE v. THE STATE.
Defendant Lulince Pierre has filed a pro se application for discretionary appeal,
seeking review of the denial of his motion for a new trial following his convictions
for aggravated sexual battery and child molestation. The State has moved to dismiss
Pierre’s application on the ground that he currently is represented by counsel and thus
may not represent himself.
The denial of a motion for a new trial may be directly appealed. See OCGA
§ 5-6-34 (a); Martin v. Williams, 263 Ga. 707 (438 SE2d 353) (1994). Ordinarily, if
a party applies for discretionary review of a directly appealable order, we grant the
application under OCGA § 5-6-35 (j). Here, however, Pierre has submitted as an
exhibit to his application a notice of appeal filed by his counsel.1 Because Pierre
currently is represented by counsel in this action, he may not attempt to represent
himself, and his pro se application is a nullity. See Tolbert v. Toole, 296 Ga. 357, 363
(3) (767 SE2d 24) (2014); Jacobsen v. Haldi, 210 Ga. App. 817, 818-819 (1) (437
SE2d 819) (1993). Consequently, the State’s motion to dismiss is GRANTED, and
1
Pierre’s direct appeal has not yet been docketed in this Court.
this application for discretionary review is hereby DISMISSED for lack of
jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/09/2017
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.