Brown v. State

Full title: BROWN v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 7, 1980

270 S.E.2d 911 (Ga. Ct. App. 1980)

154 Ga. App. 460

Opinion

59849.

DECIDED APRIL 7, 1980.

Armed robbery. Clayton Superior Court. Before Judge Ison.

Stephen E. Boswell, for appellant.

Robert E. Keller, District Attorney, Michael D. Anderson, Assistant District Attorney, for appellee.

SMITH, Judge.

Appellant was convicted of four counts of armed robbery and one count of the lesser included offense of robbery by intimidation. After the appeal was filed in this court, appellant's appointed attorney filed a request for permission to withdraw from the case pursuant to Anders v. California, 386 U.S. 738 ( 87 SC 1396, 18 L.Ed.2d 493).

In Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406), it was held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, supra. See also Hill v. State, 238 Ga. 564 ( 233 S.E.2d 796). We find that all of the Anders requirements have been met.

As required by Bethay, we have fully examined the record and transcript to determine whether the appeal is, in fact, frivolous. We find that it is. Accordingly, counsel is granted permission to withdraw and the appeal is dismissed.

Appeal dismissed. McMurray, P. J., and Banke, J., concur.

SMITH, Judge.

DECIDED APRIL 7, 1980.