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Conyers v. State

359 S.E.2d 454, 183 Ga. App. 591, 1987 Ga. App. LEXIS 2726
Court of Appeals of Georgia·Decided July 8, 1987·No. 74244·Published·Cited by 31 cases

Opinions

Pope, Judge.

This appeal was docketed on December 24, 1986. Defendant’s brief and enumeration of errors were due on January 13, 1987. No filing of the brief and enumeration of errors having been made, and no extension of such filing having been requested or granted, on January 20, 1987 this court ordered defendant to make the requisite filing by January 26, 1987. No filing has yet been made. Held:

1. Notwithstanding the pro se defendant’s failure to comply with the rules and an order of this court, we decline to dismiss his appeal but, instead, will make every effort to render a decision on the merits of the case. Such a procedure comports with the holding in the whole court case of DeBroux v. State, 176 Ga. App. 81 (1) (335 SE2d 170) (1985), citing Evitts v. Lucey, 469 U. S. 387 (105 SC 830, 83 LE2d 821) (1985), as disapproving of the dismissal of a criminal defendant’s first appeal as of right. See also Johnson v. State, 182 Ga. App. 477 (1) (356 SE2d 101) (1987); Cunningham v. State, 182 Ga. App. 266 (2) (355 SE2d 762) (1987). The holding in the later panel case of Brown v. State, 179 Ga. App. 182 (1) (345 SE2d 901) (1986), is inconsistent with the holding in DeBroux and is therefore overruled.

2. We have reviewed the record on appeal and find no error.

Judgment affirmed.

Birdsong, C. J., McMurray, P. J., Carley, Sognier, and Benham, JJ., concur. Deen, P. J., Banke, P. J., and Beasley, J., dissent.

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Conyers v. State, 359 S.E.2d 454, 183 Ga. App. 591, 1987 Ga. App. LEXIS 2726 (Ga. Ct. App. 1987).

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Conyers v. State
359 S.E.2d 454 (Court of Appeals of Georgia, 1987)