Corn v. State

Court of Appeals of Georgia

Corn v. State

235 S.E.2d 687, 142 Ga. App. 361, 1977 Ga. App. LEXIS 1617

CourtCourt of Appeals of Georgia

DecidedMay 20, 1977

Docket53959

StatusPublished

Cited by4 cases

This text of 235 S.E.2d 687 (Corn 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

Corn v. State, 235 S.E.2d 687, 142 Ga. App. 361, 1977 Ga. App. LEXIS 1617 (Ga. Ct. App. 1977).

Pincite

Opinion

Webb, Judge.

Charles Thomas Corn pled guilty to the offenses of robbery and aggravated assault with a deadly weapon. After a hearing at which the trial judge questioned Corn and his appointed counsel as to the voluntariness of his plea, it was accepted and Corn was sentenced to serve a *362 total of thirty years in the penitentiary. Subsequently he directed his attorney to appeal the plea of guilty, and counsel filed a timely notice of appeal. Thereafter he filed a motion to withdraw, stating that he conscientiously feels an appeal would be wholly frivolous.

Submitted May 20, 1977 Decided May 20, 1977. Thomas K. McWhorter, for appellant. William H. Ison, District Attorney, Clarence L. Leathers, Jr., Assistant District Attorney, for appellee.

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), and those requirements have been met here. As required by Anders and Bethay, supra, we have also examined the record and transcript of the hearing 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. Hill v. State, 238 Ga. 564 (1977).

Appeal dismissed.

Deen, P. J., and Marshall, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Webb, Judge.

Charles Thomas Corn pled guilty to the offenses of robbery and aggravated assault with a deadly weapon. After a hearing at which the trial judge questioned Corn and his appointed counsel as to the voluntariness of his plea, it was accepted and Corn was sentenced to serve a *362 total of thirty years in the penitentiary. Subsequently he directed his attorney to appeal the plea of guilty, and counsel filed a timely notice of appeal. Thereafter he filed a motion to withdraw, stating that he conscientiously feels an appeal would be wholly frivolous.

Submitted May 20, 1977 Decided May 20, 1977. Thomas K. McWhorter, for appellant. William H. Ison, District Attorney, Clarence L. Leathers, Jr., Assistant District Attorney, for appellee.

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), and those requirements have been met here. As required by Anders and Bethay, supra, we have also examined the record and transcript of the hearing 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. Hill v. State, 238 Ga. 564 (1977).

Appeal dismissed.

Deen, P. J., and Marshall, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

235 S.E.2d 687, 142 Ga. App. 361, 1977 Ga. App. LEXIS 1617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corn-v-state-gactapp-1977.

Opinion

Related

Cite This Page — Counsel Stack