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Ellington v. State

Court of Appeals of Georgia
Oct 18, 1982
296 S.E.2d 87 (Ga. Ct. App. 1982)

Opinion

64935.

DECIDED OCTOBER 18, 1982.

Armed robbery. Clayton Superior Court. Before Judge Crumbley.

Robert E. Keller, District Attorney, for appellee.


Gary H. Ellington was charged with the armed robbery of a restaurant in May 1981. When brought to trial in the Superior Court of Clayton County in April 1982, the defendant did not testify in his own behalf. A jury found him guilty as charged, and he received a sentence of five years in prison. He subsequently brought this appeal from his conviction and sentence.

Appellant's appointed counsel has filed a motion in this court requesting permission to withdraw and, in accordance with Anders v. California, 386 U.S. 738 ( 87 SC 1396, 18 L.Ed.2d 493) (1967) and Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406) (1976), filed a brief raising points of law which might arguably support the appeal. Pursuant to the rulings in Anders and Bethay, we conducted an extensive examination of the record and transcript filed in this case in order to determine if the appeal is, in fact, frivolous. On the basis of that review, we have granted counsel's motion to withdraw and find that the requirements of Anders and Bethay have been met, that no reversible error appears in the record and that a rational trier of fact could have found from the evidence presented at trial that the appellant was guilty beyond a reasonable doubt. Drayton v. State, 157 Ga. App. 872 ( 278 S.E.2d 758) (1981).

Judgment affirmed. Sognier and Pope, JJ., concur.

DECIDED OCTOBER 18, 1982.


Summaries of

Ellington v. State

Court of Appeals of Georgia
Oct 18, 1982
296 S.E.2d 87 (Ga. Ct. App. 1982)
Case details for

Ellington v. State

Case Details

Full title:ELLINGTON v. THE STATE

Court:Court of Appeals of Georgia

Date published: Oct 18, 1982

Citations

296 S.E.2d 87 (Ga. Ct. App. 1982)
164 Ga. App. 15

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