March 2, 1998

Mr. Roy Gates

EF343286

Telfair State Prison

Post Office Box 549

Helena, Georgia 31037

Dear Mr. Gates:

I am in receipt of the Appellant's Opposition to Appellee's Opposition of Application for Discretionary Appeal sent to this Court under cover of your letter of postmark date February 23, 1998. Please refer to my letter to you of February 11, 1998 when I returned the application for lack of a filing fee or proper pauper's affidavit. I am returning the Appellant's Opposition to Appellee's Opposition of Application for Discretionary Appeal to you as well. Until the case is properly docketed in this Court, you should address your concern or your communications to the trial court or your attorney of record, if you have one.

Please be advised that in A96A1089 . Roy Gates v. The State, the Court of Appeals affirmed the judgment of the trial court. An application for certiorari to the Supreme Court of Georgia was filed, however, that was denied by the Supreme Court on February 21, 1997. On March 20, 1997 the Supreme Court returned the remittitur to the Court of Appeals of Georgia. On March 21, 1997 the Court of Appeals returned the remittitur to the trial court, and as such, this Court no longer has jurisdiction over that matter.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

Enclosure