Burney v. State

Court of Appeals of Georgia

Burney v. State

288 S.E.2d 249, 161 Ga. App. 125, 1982 Ga. App. LEXIS 1783

Court of Appeals of Georgia·Decided February 1, 1982·No. 62946·Published

Opinion

McMurray, Presiding Judge.

Defendant was convicted of burglary and sentenced to serve 20 years. Defendant appeals. Held:

It appears that neither an enumeration of errors nor brief has been filed in this case in accordance with Rule 14 (Code Ann. § 24-3614) of this court after due notice by our order dated September 16,1981, directing that an enumeration of errors and brief be filed not later than 4:30 p.m., Monday, September 21, 1981, or the appeal would be subject to dismissal under Rule 27 (a) (Code Ann. § 24-3627 (a)) and Rule 14 of this court.

Nevertheless, we have examined the record and transcript and found no errors prejudicial to the defendant’s rights. A rational trier of fact (the jury in the case sub judice) could reasonably have found from the evidence adduced at trial proof of the guilt of the defendant beyond a reasonable doubt of the offense of burglary. Drake v. State, 245 Ga. 798, 799 (267 SE2d 237); Sanders v. State, 246 Ga. 42 (1) (268 SE2d 628).

Judgment affirmed.

Quillian, C. J., and Pope, J., concur.

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McMurray, Presiding Judge.

Defendant was convicted of burglary and sentenced to serve 20 years. Defendant appeals. Held:

It appears that neither an enumeration of errors nor brief has been filed in this case in accordance with Rule 14 (Code Ann. § 24-3614) of this court after due notice by our order dated September 16,1981, directing that an enumeration of errors and brief be filed not later than 4:30 p.m., Monday, September 21, 1981, or the appeal would be subject to dismissal under Rule 27 (a) (Code Ann. § 24-3627 (a)) and Rule 14 of this court.

Nevertheless, we have examined the record and transcript and found no errors prejudicial to the defendant’s rights. A rational trier of fact (the jury in the case sub judice) could reasonably have found from the evidence adduced at trial proof of the guilt of the defendant beyond a reasonable doubt of the offense of burglary. Drake v. State, 245 Ga. 798, 799 (267 SE2d 237); Sanders v. State, 246 Ga. 42 (1) (268 SE2d 628).

Judgment affirmed.

Quillian, C. J., and Pope, J., concur.

Burney v. State, 288 S.E.2d 249, 161 Ga. App. 125, 1982 Ga. App. LEXIS 1783 (Ga. Ct. App. 1982).

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Opinion

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