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Roberts v. State

Court of Appeals of Georgia
Apr 7, 1980
270 S.E.2d 911 (Ga. Ct. App. 1980)

Opinion

59794.

DECIDED APRIL 7, 1980.

Revocation of probation. Clarke Superior Court. Before Judge Barrow.

Vicki C. Affleck, for appellant.

Harry N. Gordon, District Attorney, for appellee.


On March 9, 1978, appellant entered a plea of guilty to seven counts of forgery in the first degree. He was sentenced to serve four (4) years on probation. On November 28, 1979, a petition for the revocation of appellant's probation was filed. The basis for the filing of the revocation petition was a charge that appellant "did unlawfully take without permission, on October 1, 1979 personal property of Hardee's Food System Corp ... with the intention of depriving said owner of said property, to-wit: $963.03 in cash."

In Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406) (1976), 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, 386 U.S. 738 ( 87 SC 1396, 18 L.Ed.2d 493) (1966). See also Hill v. State, 238 Ga. 564 ( 233 S.E.2d 796) (1977). We find that all of the Anders requirements have been met.

As required by the decision in Bethay, we have fully examined the record and transcript to determine whether, in fact, the appeal is 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.


DECIDED APRIL 7, 1980.


Summaries of

Roberts v. State

Court of Appeals of Georgia
Apr 7, 1980
270 S.E.2d 911 (Ga. Ct. App. 1980)
Case details for

Roberts v. State

Case Details

Full title:ROBERTS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 7, 1980

Citations

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