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Demickey Rogers v. State
Citation: Not availableDocket: A23A0074
Court: Court of Appeals of Georgia; August 11, 2022; Georgia; State Appellate Court
Original Court Document: View Document
Demickey Rogers was convicted of armed robbery, manufacture of marijuana, and two counts of possession of a firearm during a felony, with sentencing occurring on December 12, 2019. Following his conviction, Rogers filed a pro se motion for a new trial, despite being represented by retained counsel. This motion was considered a nullity because a defendant in Georgia cannot represent themselves while also having an attorney, rendering pro se filings ineffective. Subsequently, new counsel entered the case and filed an amended motion for a new trial, which was denied by the trial court on June 24, 2022. Rogers' attorney filed a notice of appeal; however, the Court of Appeals determined that it lacked jurisdiction due to the untimeliness of the appeal. A notice of appeal must be filed within 30 days of the entry of the decision being appealed, and while a timely motion for new trial can extend this period, Rogers' pro se motion did not meet the requirements for tolling because it was unauthorized. The amended motion for new trial was filed over a year after sentencing, which also rendered it untimely. Consequently, as Rogers' notice of appeal was deemed untimely, the case was dismissed for lack of jurisdiction.