Byron Jarell Ford v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 15, 2015

The Court of Appeals hereby passes the following order: A16A0584. BYRON JARRELL FORD v. THE STATE.

Byron Jarrell Ford pled guilty to several offenses, including aggravated assault, and was sentenced to twenty years with fifteen to serve. He filed, through counsel, a motion for sentence modification. At the hearing on the motion, the trial court indicated that it would be denied. Ford filed a pro se notice of appeal, and the court subsequently entered its order denying the motion. We lack jurisdiction to consider Ford’s appeal. A criminal defendant does not have the right to represent himself while also being represented by an attorney. See Pless v. State, 255 Ga. App. 95 (564 SE2d 508) (2002). The record indicates that Ford is still represented by counsel. Accordingly, his pro se notice of appeal is a nullity, see id., and this appeal is hereby DISMISSED. As Ford is both represented by counsel and has not been afforded a direct appeal, he is hereby informed of the following in accordance with Rowland v. State, 264 Ga. 872 (452 SE2d 756) (1995). This appeal has been dismissed because of your counsel’s failure to file a notice of appeal. If you still wish to appeal, you may petition the trial court for leave to file an out-of-time appeal. If the trial court enters an order granting your request, you will have 30 days from the filing date of that order to file a notice of appeal referencing your conviction. If the trial court enters an order denying your request, you will have 30 days from the filing date of that order to file a notice of appeal referencing the denial of your request for an out-of-time appeal. The Clerk of Court is directed to send a copy of this order to Ford as well as to Ford’s attorney, who is also directed to send a copy to Ford.

Court of Appeals of the State of Georgia 12/15/2015 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.