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Alvarez v. State

Court of Appeals of Georgia
Aug 25, 2021
No. A22A0091 (Ga. Ct. App. Aug. 25, 2021)

Opinion

A22A0091

08-25-2021

RAUL RANGEL ALVAREZ v. THE STATE.


The Court of Appeals hereby passes the following order:

On May 18, 2021, Raul Rangel Alvarez entered a counseled plea to multiple offenses. On June 4, 2021, Alvarez filed a pro se notice of appeal. We, however, lack jurisdiction.

The appeal was transmitted to the Supreme Court, which transferred the matter to this Court. See Case No. S21A1169 (July 7, 2021).

"A criminal defendant in Georgia does not have the right to represent himself and also be represented by an attorney, and pro se filings by represented parties are therefore unauthorized and without effect." Tolbert v. Toole, 296 Ga. 357, 363 (3) (767 S.E.2d 24) (2014). Here, Alvarez was represented by counsel when he entered his guilty plea, and nothing in the record indicates that his attorney either withdrew or was relieved from representing Alvarez. That representation is deemed to continue for at least 30 days after the entry of Alvarez's sentence. See Soberanis v. State, 345 Ga.App. 403, 404 (812 S.E.2d 800) (2018). Accordingly, Alvarez's pro se notice of appeal is a nullity, and this appeal is hereby DISMISSED. See id.


Summaries of

Alvarez v. State

Court of Appeals of Georgia
Aug 25, 2021
No. A22A0091 (Ga. Ct. App. Aug. 25, 2021)
Case details for

Alvarez v. State

Case Details

Full title:RAUL RANGEL ALVAREZ v. THE STATE.

Court:Court of Appeals of Georgia

Date published: Aug 25, 2021

Citations

No. A22A0091 (Ga. Ct. App. Aug. 25, 2021)