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Jeffrey Edward Moss v. State
Citation: Not availableDocket: A20A1881
Court: Court of Appeals of Georgia; June 17, 2020; Georgia; State Appellate Court
Original Court Document: View Document
Jeffrey Moss was convicted of multiple sexual offenses in 2016 and sentenced to three life terms plus twenty years in prison. The Monroe County Superior Court denied his motion for a new trial on January 8, 2020. Moss then filed a pro se notice of appeal on March 6, 2020. The Court of Appeals determined it lacked jurisdiction over the appeal due to its untimeliness. Under Georgia law, a criminal defendant cannot represent themselves while also being represented by counsel, making pro se filings unauthorized unless counsel formally withdraws. There was no order relieving Moss's counsel, indicating he remained represented. A notice of appeal must be filed within 30 days of the order being appealed, and Moss’s appeal was filed 58 days after the denial of his motion for a new trial. Additionally, a motion for reconsideration does not extend the time for filing an appeal. Consequently, the Court dismissed the appeal and informed Moss that he could seek leave for an out-of-time appeal from the trial court. If granted, he would have 30 days to file a notice of appeal; if denied, he would have 30 days to appeal that denial. The Clerk of Court was directed to send copies of the order to both Moss and his attorney.