lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
JACOBS v. THE STATE.
74846.
BEASLEY, Judge.
Burglary. Twiggs Superior Court. Before Judge Towson.
Jacobs pled guilty, with the assistance of appointed counsel, to one count of burglary, OCGA 16-7-1 (a). He has filed a pro se appeal.
A review of the record of the plea and sentencing proceeding shows that the trial court did not advise defendant of his right to have counsel appointed for any appeal he might wish to pursue. Cochran v. State, 253 Ga. 10 (315 SE2d 653) (1984); Smith v. State, 253 Ga. 169 (316 SE2d 757) (1984); Norwood v. State, 172 Ga. App. 685 (324 SE2d 545) (1984). While a defendant has a right to pursue an appeal pro se, Ga. Const. 1983, Art. I, Sec. I, Par. XII, Cochran v. State, supra, it must be preceded by an appropriate waiver of the right to appellate counsel. The failure to advise of the right to appeal was harmless error because defendant has in fact appealed, and in a timely fashion. But this does not cover the failure to advise of the right to counsel on appeal, Reid v. State, 235 Ga. 378 (219 SE2d 740) (1975), because appellant is here pro se without a showing on the record of an opportunity to choose.
Therefore, we dismiss this appeal without prejudice and remand this case for instructions by the trial court to Jacobs consistent with Clarke v. Zant, 247 Ga. 194 (275 SE2d 49) (1981) and Cochran, supra.
Jessie Jacobs, pro se.
DECIDED OCTOBER 28, 1987 -- REHEARING DENIED NOVEMBER 17, 1987 -- CERT. APPLIED FOR.
Thursday May 21 13:54 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com