Opinion
70269.
DECIDED OCTOBER 30, 1985.
Attempt to commit aggravated sodomy. Chatham Superior Court. Before Judge Brannen.
Michael K. Gardner, for appellant.
Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, for appellee.
Defendant appeals his conviction of attempt to commit aggravated oral sodomy. His lawyer filed a brief and appeared at oral argument, although in the conclusion of the brief he had requested permission to withdraw, citing Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406) (1976). He served a copy on his client. Although counsel did not advise defendant that he could raise any points he chose to, as required by Bethay, supra, the clerk notified defendant of his right to file a supplemental brief, and he did so, pro se.
After consideration of the matters raised in the briefs and after a thorough examination of the record and transcript to determine independently whether any ground asserted for reversal exists, we conclude that the appeal is without merit. The evidence warranted the verdict of a rational trier of fact. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979); Helton v. State, 166 Ga. App. 662 ( 305 S.E.2d 592) (1983). Refusal to give an orally requested charge on simple battery was not error. State v. Stonaker, 236 Ga. 1, 2 ( 222 S.E.2d 354) (1976).
Defendant's ineffective assistance of counsel's claim was not raised in the trial court, and we therefore decline to address its merits. Buie v. State, 254 Ga. 167 (5) ( 326 S.E.2d 458) (1985); Elliott v. State, 253 Ga. 417 (2) (b) ( 320 S.E.2d 361) (1984); Moore v. State, 254 Ga. 525, 532 (6) ( 330 S.E.2d 717) (1985); cf. Kornegay v. State, 174 Ga. App. 279 ( 329 S.E.2d 601) (1985). His other complaints relate primarily to credibility, which is solely within the province of the jury.
Therefore, we grant the motion to withdraw and affirm the conviction.
Judgment affirmed. Deen, P. J., and Pope, J., concur.