McCoy v. State

Court of Appeals of Georgia

McCoy v. State

331 S.E.2d 121, 174 Ga. App. 472, 1985 Ga. App. LEXIS 2718

CourtCourt of Appeals of Georgia

DecidedApril 2, 1985

Docket70132

StatusPublished

This text of 331 S.E.2d 121 (McCoy 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.

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McCoy v. State, 331 S.E.2d 121, 174 Ga. App. 472, 1985 Ga. App. LEXIS 2718 (Ga. Ct. App. 1985).

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Opinion

Banke, Chief Judge.

Mickey McCoy pleaded guilty to escape and was sentenced to three years imprisonment. He filed a timely pro se notice of appeal, and thereafter his appointed counsel filed a motion to withdraw and supporting brief pursuant to Bethay v. State, 237 Ga. 625 (229 SE2d 406) (1976).

The transcript of the proceedings below reflects that the appellant was represented by counsel and was properly informed of his applicable rights and of the consequences of his plea. It also supports the trial court’s determination, made after careful inquiry, that the appellant entered his plea voluntarily and intelligently. See generally Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274) (1969); State v. Germany, 245 Ga. 326 (265 SE2d 13) (1980). After considering the matters raised in the brief and conducting a thorough examination of the record and transcript to determine independently whether there is any ground for reversal, we are in agreement with counsel that there is no arguable merit to the appeal. Therefore, this court grants the motion to withdraw and affirms the conviction.

Judgment affirmed.

McMurray, P. J., and Benham, J., concur.

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Banke, Chief Judge.

Mickey McCoy pleaded guilty to escape and was sentenced to three years imprisonment. He filed a timely pro se notice of appeal, and thereafter his appointed counsel filed a motion to withdraw and supporting brief pursuant to Bethay v. State, 237 Ga. 625 (229 SE2d 406) (1976).

The transcript of the proceedings below reflects that the appellant was represented by counsel and was properly informed of his applicable rights and of the consequences of his plea. It also supports the trial court’s determination, made after careful inquiry, that the appellant entered his plea voluntarily and intelligently. See generally Boykin v. Alabama, 395 U. S. 238 (89 SC 1709, 23 LE2d 274) (1969); State v. Germany, 245 Ga. 326 (265 SE2d 13) (1980). After considering the matters raised in the brief and conducting a thorough examination of the record and transcript to determine independently whether there is any ground for reversal, we are in agreement with counsel that there is no arguable merit to the appeal. Therefore, this court grants the motion to withdraw and affirms the conviction.

Judgment affirmed.

McMurray, P. J., and Benham, J., concur.

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Bluebook (online)

331 S.E.2d 121, 174 Ga. App. 472, 1985 Ga. App. LEXIS 2718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccoy-v-state-gactapp-1985.

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