Byers v. State

Court of Appeals of Georgia

Byers v. State

254 S.E.2d 515, 149 Ga. App. 401, 1979 Ga. App. LEXIS 1869

CourtCourt of Appeals of Georgia

DecidedMarch 16, 1979

Docket57459

StatusPublished

Cited by3 cases

This text of 254 S.E.2d 515 (Byers v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byers v. State, 254 S.E.2d 515, 149 Ga. App. 401, 1979 Ga. App. LEXIS 1869 (Ga. Ct. App. 1979).

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Opinion

Shulman, Judge.

Following his conviction for motor vehicle theft, appellant directed his appointed counsel to appeal the judgment entered on the jury’s verdict. A notice of appeal was timely filed. Thereafter, counsel filed a motion to withdraw, stating that upon conscientious examination of the transcript and record of the case, counsel is of the opinion that appeal is wholly frivolous.

"The Supreme Court held in Bethay v. State, 237 Ga. 625 (229 SE2d 406) (1976) that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493) (1966), [which] requirements have been met here. As required by Anders and Bethay, supra, we have also examined the record and transcript of the [trial] to determine whether the appeal is, in fact, frivolous, and we conclude that it is. Accordingly, counsel is granted permission to withdraw and the appeal is dismissed. [Cit.]” Corn v. State, 142 Ga. App. 361, 362 (235 SE2d 687).

Appeal dismissed.

Deen, C. J., and McMurray, J., concur.

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Shulman, Judge.

Following his conviction for motor vehicle theft, appellant directed his appointed counsel to appeal the judgment entered on the jury’s verdict. A notice of appeal was timely filed. Thereafter, counsel filed a motion to withdraw, stating that upon conscientious examination of the transcript and record of the case, counsel is of the opinion that appeal is wholly frivolous.

"The Supreme Court held in Bethay v. State, 237 Ga. 625 (229 SE2d 406) (1976) that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493) (1966), [which] requirements have been met here. As required by Anders and Bethay, supra, we have also examined the record and transcript of the [trial] to determine whether the appeal is, in fact, frivolous, and we conclude that it is. Accordingly, counsel is granted permission to withdraw and the appeal is dismissed. [Cit.]” Corn v. State, 142 Ga. App. 361, 362 (235 SE2d 687).

Appeal dismissed.

Deen, C. J., and McMurray, J., concur.

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254 S.E.2d 515, 149 Ga. App. 401, 1979 Ga. App. LEXIS 1869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byers-v-state-gactapp-1979.

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