Morgan v. State

Court of Appeals of Georgia

Morgan v. State

246 S.E.2d 742, 146 Ga. App. 341, 1978 Ga. App. LEXIS 2349

CourtCourt of Appeals of Georgia

DecidedJune 20, 1978

Docket56031

StatusPublished

This text of 246 S.E.2d 742 (Morgan 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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Morgan v. State, 246 S.E.2d 742, 146 Ga. App. 341, 1978 Ga. App. LEXIS 2349 (Ga. Ct. App. 1978).

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Opinion

Shulman, Judge.

Following his conviction for theft by taking, appellant directed his appointed counsel to appeal the judgment entered on the jury’s verdict. A notice of appeal was timely filed. Thereafter, counsel filed a motion to withdraw, stating that he has conscientiously examined the transcript and record of this case and is of the opinion that the appeal is wholly frivolous.

"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 [trial] 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. [Cit.]” Corn v. State, 142 Ga. App. 361, 362 (235 SE2d 687).

Appeal dismissed.

Bell, C. J., and Birdsong, J., concur.

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Shulman, Judge.

Following his conviction for theft by taking, appellant directed his appointed counsel to appeal the judgment entered on the jury’s verdict. A notice of appeal was timely filed. Thereafter, counsel filed a motion to withdraw, stating that he has conscientiously examined the transcript and record of this case and is of the opinion that the appeal is wholly frivolous.

"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 [trial] 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. [Cit.]” Corn v. State, 142 Ga. App. 361, 362 (235 SE2d 687).

Appeal dismissed.

Bell, C. J., and Birdsong, J., concur.

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246 S.E.2d 742, 146 Ga. App. 341, 1978 Ga. App. LEXIS 2349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-state-gactapp-1978.

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