Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A18A1711. CHRISTOPHER FLEMING v. THE STATE.

In 2012, Christopher Fleming pled guilty to child molestation and possession

of a firearm by a convicted felon. The trial court sentenced him to the maximum 20

year sentence on the child molestation count. He subsequently filed a motion to

withdraw his guilty plea. The trial court denied his motion to withdraw his guilty

plea and we affirmed the trial court’s order on appeal in an unpublished opinion.

Case No. A13A1748 (decided January 7, 2014).

In 2017, Fleming filed a pro se motion to correct a void and illegal sentence,

arguing that the trial court was required to issue a split sentence for the child

molestation count under OCGA § 17-10-6.2 (b). The trial court granted the motion

and appointed counsel to represent Fleming at the re-sentencing hearing. After the

hearing, the court re-sentenced Fleming on the child molestation count to 20 years,

with the first 19 years to be served in confinement, and the balance on probation.

Fleming subsequently filed a pro se notice of appeal within 30 days of the sentence.

We, however, lack jurisdiction.

Pro se filings by represented parties are legal nullities. White v. State, 302 Ga.

315, 319 (2) (806 SE2d 489) (2017). In this case, counsel represented Fleming at the

re-sentencing hearing, and there is no indication in the record that counsel filed a

motion to withdraw. See id. at 318 (2) (“[D]efense counsel’s duties toward their

clients extend for at least the 30 days after the entry of judgment when a notice of

appeal may be filed). Accordingly, only counsel was authorized to file a notice of

appeal. See Soberanis v. State, No. A17A1578 (decided Mar. 26, 2018) (pro se

notice of appeal was a legal nullity). Thus, without the proper filing of a notice of

June 15, 2018
appeal, this case is hereby DISMISSED for lack of jurisdiction. See id. 

To the extent that Fleming’s right to appeal has been frustrated by errors of

counsel, he may be entitled to an out-of-time appeal. See Rowland v. State, 264 Ga.

872, 875-876 (2) (452 SE2d 756) (1995). He therefore is informed of the following

in accordance with Rowland, 264 Ga. at 875-876 (2): This appeal has been dismissed

because you failed to file a proper 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

grants your request, you will have 30 days from the entry of that order to file a notice

of appeal referencing your conviction. If the trial court denies your request, you will

have 30 days from the entry 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 Fleming as well as to Fleming’s attorney, who is also

DIRECTED to send a copy to Fleming.

Court of Appeals of the State of Georgia

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.

06/15/2018