Davis v. State

Court of Appeals of Georgia

Davis v. State

253 S.E.2d 433, 149 Ga. App. 35, 1979 Ga. App. LEXIS 1708

CourtCourt of Appeals of Georgia

DecidedFebruary 9, 1979

Docket57358

StatusPublished

This text of 253 S.E.2d 433 (Davis 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

Davis v. State, 253 S.E.2d 433, 149 Ga. App. 35, 1979 Ga. App. LEXIS 1708 (Ga. Ct. App. 1979).

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Opinion

Birdsong, Judge.

Appellant was convicted, by a jury, of motor vehicle theft, and was sentenced to six years in the penitentiary. [36]*36Appellant was represented at trial by appointed counsel following conviction and at the request of the appellant, notice of appeal was filed in this court on December 14, 1978.

Decided February 9, 1979. Charles A. DeVaney, for appellant. Richard E. Allen, District Attorney, for appellee.

Appointed counsel filed with this court a motion to withdraw as counsel on the grounds that an appeal in this case would be frivolous. Counsel in his brief, which accompanied the motion, stated that a careful review of the record disclosed no basis for appeal; a copy of the motion and brief were served on the appellant, who has neither responded to the brief nor requested the appointment of other counsel. The procedures followed by counsel for appellant are in accordance with the requirements established in Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493).

This court, after reviewing the record of the proceedings and the trial, is of the opinion that no error of law was committed in the trial court, and that the appeal is wholly frivolous. Bethay v. State, 237 Ga. 625 (229 SE2d 406).

The motion to withdraw as counsel is granted, and the appeal is dismissed.

Appeal dismissed.

Quillian, P. J., and Smith, J., concur.

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Birdsong, Judge.

Appellant was convicted, by a jury, of motor vehicle theft, and was sentenced to six years in the penitentiary. [36]*36Appellant was represented at trial by appointed counsel following conviction and at the request of the appellant, notice of appeal was filed in this court on December 14, 1978.

Decided February 9, 1979. Charles A. DeVaney, for appellant. Richard E. Allen, District Attorney, for appellee.

Appointed counsel filed with this court a motion to withdraw as counsel on the grounds that an appeal in this case would be frivolous. Counsel in his brief, which accompanied the motion, stated that a careful review of the record disclosed no basis for appeal; a copy of the motion and brief were served on the appellant, who has neither responded to the brief nor requested the appointment of other counsel. The procedures followed by counsel for appellant are in accordance with the requirements established in Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493).

This court, after reviewing the record of the proceedings and the trial, is of the opinion that no error of law was committed in the trial court, and that the appeal is wholly frivolous. Bethay v. State, 237 Ga. 625 (229 SE2d 406).

The motion to withdraw as counsel is granted, and the appeal is dismissed.

Appeal dismissed.

Quillian, P. J., and Smith, J., concur.

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253 S.E.2d 433, 149 Ga. App. 35, 1979 Ga. App. LEXIS 1708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-gactapp-1979.

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