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Pless v. State

Pro se motion for new trial was void and failed to toll 30-day time limit for appeal of convictions since the defendant was represented by counsel at the time the motion was filed.

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A jury found Perry Pless guilty of aggravated assault upon a police officer and simple battery. Pless appeals, asserting error in the court’s jury charge. For the following reasons, we find the appeal untimely, and it is, accordingly, dismissed.

The record shows that Pless was represented by counsel at trial. The trial court entered judgment on the jury’s guilty verdict on April 26, 1994. On May 5, 1994, Pless filed a pro se motion for new trial. Six days later, Pless filed another pro se motion for new trial. The record shows, however, that Pless was still represented by counsel when he filed both pro se motions. No other motions for new trial were filed, and the trial court denied Pless’s pro se motions in an order dated March 2, 1999.1 Pless filed his notice of appeal on March 5, 1999.

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