Turteltaub v. State

Full title: TURTELTAUB v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 10, 1980

264 S.E.2d 539 (Ga. Ct. App. 1980)

264 S.E.2d 539

Opinion

58874.

SUBMITTED NOVEMBER 19, 1979.

DECIDED JANUARY 10, 1980.

Drug violation. Houston Superior Court. Before Judge Hunt.

Theron Finlayson, for appellant.

Stephen Pace, Jr., District Attorney, for appellee.

QUILLIAN, Presiding Judge.

Appellant was convicted of selling marijuana. After the appeal was filed in this court, appellant's appointed counsel filed a request for permission to withdraw from the case.

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, 386 U.S. 738 ( 87 SC 1396, 18 L.Ed.2d 493). 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. Smith and Birdsong, JJ., concur.

QUILLIAN, Presiding Judge.

SUBMITTED NOVEMBER 19, 1979 — DECIDED JANUARY 10, 1980.