O'Kelley v. State

Court of Appeals of Georgia

O'Kelley v. State

277 S.E.2d 345, 157 Ga. App. 310, 1981 Ga. App. LEXIS 1799

Court of Appeals of Georgia·Decided February 2, 1981·No. 61359·Published

Opinion

Carley, Judge.

Judgment was entered on a jury verdict finding appellant guilty of motor vehicle theft and escape. After timely filing a notice of appeal to this court, appointed counsel, relying upon Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493) (1967), requested permission to withdraw from the case on the ground that the appeal was wholly frivolous. In compliance with Anders, we have examined carefully the record and transcript and have determined that the appeal is, indeed, wholly frivolous. In view of the compliance with the Anders requirements, appellant’s counsel is granted permission to withdraw.

“Moreover, our review of the record in this case discloses no basis whatsoever for reversal of the trial court’s judgment. The transcript of the hearing at which appellant tendered his plea of guilty affirmatively demonstrates that appellant’s guilty plea was entered intelligently and voluntarily. See Purvis v. Connell, 227 Ga. 764 (182 SE2d 892) (1974). The judgment of the trial court must be affirmed.” Bowen v. State, 156 Ga. App. 47 (1980).

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

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

Carley, Judge.

Judgment was entered on a jury verdict finding appellant guilty of motor vehicle theft and escape. After timely filing a notice of appeal to this court, appointed counsel, relying upon Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493) (1967), requested permission to withdraw from the case on the ground that the appeal was wholly frivolous. In compliance with Anders, we have examined carefully the record and transcript and have determined that the appeal is, indeed, wholly frivolous. In view of the compliance with the Anders requirements, appellant’s counsel is granted permission to withdraw.

“Moreover, our review of the record in this case discloses no basis whatsoever for reversal of the trial court’s judgment. The transcript of the hearing at which appellant tendered his plea of guilty affirmatively demonstrates that appellant’s guilty plea was entered intelligently and voluntarily. See Purvis v. Connell, 227 Ga. 764 (182 SE2d 892) (1974). The judgment of the trial court must be affirmed.” Bowen v. State, 156 Ga. App. 47 (1980).

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

O'Kelley v. State, 277 S.E.2d 345, 157 Ga. App. 310, 1981 Ga. App. LEXIS 1799 (Ga. Ct. App. 1981).

Pincite

277 S.E.2d 345 (O'Kelley v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related