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DeBroux v. State

335 S.E.2d 170, 176 Ga. App. 81, 1985 Ga. App. LEXIS 2851
Court of Appeals of Georgia·Decided September 18, 1985·No. 70604·Published·Cited by 27 cases

Opinions

Pope, Judge.

Louis E. DeBroux, Jr. brings this appeal pro se from his convictions of driving in excess of 55 miles per hour (OCGA § 40-6-181 (b) (2)) and refusal to display his driver’s license upon the demand of a law enforcement officer (OCGA § 40-5-29 (b)). Held:

1. The State has moved to dismiss this appeal for appellant’s failure to comply with an order of this court directing him to file an enumeration of error and a brief. See Court of Appeals Rules 27 (a) and 14. However, in light of recent federal decisions disapproving of the dismissal of a criminal defendant’s first appeal as of right (see, e.g., Evitts v. Lucey, 469 U. S.__(105 SC 830, 83 LE2d 821) (1985)), this court has, effective March 1, 1985, amended its rules regarding the dismissal of criminal cases for failure to comply with an order of the court directing the filing of an enumeration of errors and a brief. Such noncompliance will no longer automatically result in the dismissal of an appeal. See Court of Appeals Rule 14, 172 Ga. App. Á-7. Notwithstanding a criminal defendant’s failure to comply with the rules of this court, we will make every effort to enter a decision on the merits of the case. The State’s motion to dismiss is denied.

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

Judgment affirmed.

Banke, C. J., Been, P. J., Birdsong, P. J., Carley and Benham, JJ., concur. McMurray, P. J., concurs in the judgment only. Sognier and Beasley, JJ., dissent. [82] Decided September 18, 1985. Louis E. DeBroux, Jr., pro se.

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DeBroux v. State, 335 S.E.2d 170, 176 Ga. App. 81, 1985 Ga. App. LEXIS 2851 (Ga. Ct. App. 1985).

335 S.E.2d 170 (DeBroux v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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DeBroux v. State
335 S.E.2d 170 (Court of Appeals of Georgia, 1985)