Michael Alfred Maestrey v. State

Court of Appeals of the State of Georgia ATLANTA,__________________ February 27, 2014 The Court of Appeals hereby passes the following order: A14A0956. MICHAEL ALFRED MAESTREY v. THE STATE. A14A0957. MICHAEL ALFRED MAESTREY v. THE STATE. Michael Alfred Maestry filed these direct appeals from the trial court’s November 6, 2012, order denying his plea in bar based on constitutional speedy trial grounds.1 The Supreme Court of Georgia has recently ruled, however, that such an order is not directly appealable and that a defendant must follow the interlocutory appeal procedures of OCGA § 5-6-34 (b) to obtain immediate appellate review. See Sosniak v. State, 292 Ga. 35 (2) ( 734 SE2d 362 ) (2012); see also Stevens v. State, 292 Ga. 218 ( 734 SE2d 743 ) (2012). Because Maestry failed to follow the required appellate procedure, his appeals are hereby DISMISSED. Case number A14A0957 is due to be dismissed for a second reason, as well. Because Maestry was represented by counsel at the time he filed that pro se notice of appeal, it had no effect. See Pless v. State, 255 Ga. App. 95 ( 564 SE2d 508 ) (2002). Court of Appeals of the State of Georgia 02/27/2014 Clerk’s Office, Atlanta,__________________ 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. [1] The notice of appeal in A14A0956 was filed by Maestry’s attorney, while the notice of appeal in case number A14A0957 was filed by Maestry pro se.