Spear v. State

Any deficiency in the performance of defendant's appointed counsel with regard to his hearing on the effectiveness of trial counsel resulted from defendant's own failure to cooperate with her.

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This is the second appearance of this case in this Court. In Spear v. State , 259 Ga. App. 803 578 SE2d 504 2003, the Court affirmed John Wesley Spear’s conviction of carrying a concealed weapon and carrying a weapon without a permit. In his pro se appeal, Spear raised, at the earliest opportunity, a claim of ineffective assistance of trial counsel, and the Court remanded the matter for an evidentiary hearing. Id. Upon remand, the trial court conducted a hearing on the matter and denied Spear’s claim. Spear now appeals that decision. 1. But Spear first contends that the trial court denied him the right to counsel on his first appeal.

Following Spear’s conviction, the trial court denied his motion for new trial. Spear, pro se, filed a timely notice of appeal, and the case was docketed in this Court on August 28, 2002. Meanwhile, on September 13, the trial court held an immediate hearing on Spear’s verbal request for appointment of appellate counsel. On September 18, the court ruled that because the case had been transferred to the Court of Appeals and docketed, the trial court had no jurisdiction over the matter, and therefore denied the request. Spear filed a direct appeal of that ruling, but this Court dismissed his appeal on November 20 because Spear filed his notice of appeal more than 30 days after entry of the decision. Spear eventually filed a brief, pro se, in his primary appeal, and this Court issued an opinion on February 21, 2003, in which Spear’s conviction was affirmed, with the sole exception of Spear’s claim of ineffective assistance of trial counsel. See Spear , 259 Ga. App. 803.

Spear v. State

Any deficiency in the performance of defendant's appointed counsel with regard to his hearing on the effectiveness of trial counsel resulted from defendant's own failure to cooperate with her.

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