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Jermaine Porterv.The State

CourtCourt of Appeals of Georgia
Docket No.A20A1889
DecidedFebruary 19, 2021
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureDue ProcessSixth AmendmentSufficiency of the EvidenceReversalRemand
Case Summary

Jermaine Porter represented himself during a bench trial and was convicted of two counts of identity fraud. On appeal, he argued that the trial court had not obtained an unequivocal waiver of counsel, had not conducted the required inquiry into self-representation, and lacked sufficient evidence to convict him. The Court of Appeals held that the evidence was sufficient, but the record did not show that Porter had been properly advised of the dangers of proceeding without counsel. The trial court also failed to determine whether Porter had acted diligently in seeking counsel and whether the absence of counsel resulted from circumstances beyond his control. Those omissions required reversal of the order denying a new trial. Because the evidence was sufficient, the State may retry Porter without violating double jeopardy. The court reversed.

Opinion

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