Opinion
A24D0402
07-25-2024
RAISSA D. KENGNE v. THE STATE
The Court of Appeals hereby passes the following order:
Raissa D. Kengne, proceeding pro se, filed a document with this Court titled "New Case Filing Pursuant to OCGA § 5-6-34 (b) Direct Appeal Bypassing the Trial Court," which has been docketed as an application for discretionary appeal. From the application materials submitted, it appears Kenge is facing criminal prosecution. According to Kengne, she is being "fraudulently" represented by an attorney below, who has filed "motions that are negatively impacting [her] personal life[.]" Kengne is thus seeking a direct appeal in this Court pursuant to OCGA § 5-6-34 (b), and she requests that we judicially review how her case has been handled by the trial court. We cannot give Kengne the relief she seeks.
To the extent that Kengne's filings suggest she is represented by counsel below, we note that a criminal defendant ordinarily does not have the right to represent herself while also being represented by counsel, although a trial court may, in limited circumstances, allow such hybrid representation. See Johnson v. State, 315 Ga. 876, 890 (4) (885 S.E.2d 725) (2023).
The Court of Appeals is a court of review for the correction of errors made by the trial court; we are without original jurisdiction to consider arguments in the first instance. See Mallon v. State, 266 Ga.App. 394, 398-399 (4) (597 S.E.2d 497) (2004). Furthermore, before a trial court's ruling may be appealed, it must be reduced to writing, signed by the judge, and filed with the trial court clerk. See OCGA § 5-6-31; Rocha v. State, 287 Ga.App. 446, 447 (1) (a) (651 S.E.2d 781) (2007).
The only order Kengne included with her application is a May 25, 2023, order in which the trial court directed Kengne to undergo an evaluation of her competency to stand trial. Under OCGA § 5-6-34 (b), Kengne may request interlocutory review of that order. To do so, however, Kengne was required to obtain a certificate of immediate review from the trial court within ten days of entry of the order. See OCGA § 5-6-34 (b). The procedural requirements of OCGA § 5-6-34 (b) are jurisdictional, and we cannot consider an application in which the requirements were not met. See Duke v. State, 306 Ga. 171, 172 (1) (829 S.E.2d 348) (2019) ("'The jurisdiction of an appellate court to consider an appeal depends upon whether the appeal is taken in substantial compliance with the rules of appellate procedure prescribing the conditions under which the judgment of the trial court may be considered appealable.'")
Because Kengne has not included a certificate of immediate review with her filing, we lack jurisdiction to consider the propriety of the trial court's May 2023 order. Accordingly, this application is hereby DISMISSED.