☢ test - Í

Bass v. State, 284 Ga.App. 331, 643 S.E.2d 851 (March 20, 2007). Notice of appeal was premature where “the trial court did not either (a) enter a written sentence, or (b) make a written notation that the count merged into another for purposes of sentencing. ‘[Bass’s] case thus was not ripe for appeal at that time even though the trial court did enter a written judgment of conviction and sentence on … other counts of the indictment.’ [ Keller v. State , 275 Ga. 680, 571 S.E.2d 806 (2002)].” Accord, Harless v. State , 325 Ga.App. 868, 755 S.E.2d 814 (March 3, 2014). Roberts v. State, 279 Ga.App. 434, 631 S.E.2d 480 (May 17, 2006). “ [A] notice of appeal divests the trial court of jurisdiction in some matters, but not in all. ‘In a criminal case, the filing of a notice of appeal merely deprives the trial court of its power to execute the sentence.’ (Citation and punctuation omitted.) Waters v. State, 174 Ga.App. 438, 439 (330 S.E.2d 177) (1985). Generally a trial court may not alter a judgment or order while an appeal of that particular judgment or order is pending before the appellate court, nor may a trial court initiate proceedings that require a ruling on the exact matter being appealed. For example, the trial and conviction of a defendant that take place while he appeals the denial of a motion to suppress is null and void. Chambers v. State, 262 Ga. 200 (415 S.E.2d 643) (1992). The trial court also cannot rule on a motion for new trial after the notice of appeal has been filed, Peterson v. State, 274 Ga. 165, 171(6) (549 S.E.2d 387) (2001); or vacate and reenter a probation revocation order while that order is on appeal. Styles v. State, 245 Ga.App. 90, 91 (537 S.E.2d 377) (2000). All of these prohibitions forbid trial court actions that directly affect an issue on appeal. On the other hand, ‘such loss of jurisdiction is limited to only those proceedings which either require a ruling on the matters on appeal or directly or indirectly affect such matters.’ Id. at 92. (Blackburn, J., concurring specially.) For example, ‘a trial court may amend an order denying a plea of former jeopardy, nunc pro tunc, to find the plea dilatory and frivolous, even though a notice of appeal has been filed. Filing a notice of appeal may deprive a court of its power to execute the sentence but it does not supersede every other activity of a trial court.’ Strickland v. State, 258 Ga. 764, 765-766 (373 S.E.2d 736) (1988), overruled in part on other grounds, Washington v. State, 276 Ga. 655 (581 S.E.2d 518) (2003). A trial court also retains jurisdiction to rule on a motion for withdrawal and substitution of defense counsel, Elrod v. State, 222 Ga.App. 704, 705(1) (475 S.E.2d 710) (1996); to appoint appellate counsel, Spear v. State, 271 Ga.App. 845, 846, n. 1 (610 S.E.2d 642) (2005); to dismiss an appeal and to assist in preparing the record, State v. James, 211 Ga.App. 149, 150(2) (438 S.E.2d 399) (1993); and to consider the State’s petition to nolle prosequi a second indictment after the defendant filed a notice of appeal from the court’s former jeopardy ruling on the second indictment. State v. Lejeune, 276 Ga. 179, 184-185(5) (576 S.E.2d 888) (2003); Waters v. State, supra, 174 Ga.App. at 439. Based on the above, we hold that, considering the peculiar facts and circumstances of this case, the trial court did not err in finding that ‘the State had the ability to bring the current indictment against the Defendant,’” despite pendency of his notice of appeal, because prior accusation had been quashed by trial court “ and Roberts appealed only the court’s denial of his motion for acquittal on statutory speedy trial grounds.” Distinguishes two cases where pendency of indictment in one county prevented indictment in another county. State v. Jones, 265 Ga.App. 493, 594 S.E.2d 706 (February 10, 2004). Following defendant’s conviction for possession of cocaine with intent to distribute and related offenses, trial court erred in sentencing; State had right to appeal void sentence. “In the absence of express statutory authority requiring the state to file a motion to amend an improper sentence as a prerequisite to appealing that sentence, we hold that the state may appeal directly the sentence imposed by the trial court or file a motion to amend the sentence and then directly appeal the denial thereof. In any event, the state has 30 days from judgment or from the denial of the motion to amend to file its notice of appeal. However, should the defendant file a motion for new trial, that motion tolls the time within which the state can directly appeal the sentence. In that case, the state has 30 days from the denial of the motion for new trial to appeal the alleged improper sentence.” Cody v. State, 277 Ga. 553, 592 S.E.2d 419 (February 2, 2004). Out-of-time appeal was granted, but defendant then failed to file notice of appeal within 30 days. Trial court then entered order extending time to file notice of appeal. Held, “the trial court was without statutory authorization to grant an extension of time in excess of that permitted by OCGA § 5- 6-39(c). [Cits.]” Instead, trial court should have entertained another motion for out-of-time appeal, and considered whether the delay was caused by defendant or his counsel. Appeal dismissed. Reedman v. State, 265 Ga.App. 162, 593 S.E.2d 46 (December 19, 2003). Defendant was convicted on certain charges, but the jury deadlocked on the charge of theft by receiving and the court declared a mistrial as to that charge. Defendant appealed from his convictions “and from the court’s grant of a mistrial as to the theft by receiving count.” While the appeal was pending, defendant was retried and convicted on the theft by receiving charge. Held, “[a] notice of appeal acts as a supersedeas and generally divests the trial court of jurisdiction to alter or execute a judgment of conviction. OCGA § 5-6-45. Reedman, however, had not been found guilty of theft by receiving so there was no judgment of conviction to appeal. Thus, the notice of appeal did not act as a supersedeas as to that charge. Moreover, ‘a mistrial is not a final