Summary
explaining that if "one purchases realty from a landlord, he takes with notice of whatever right or title the tenant in possession at the time may have…. This is true regardless of whether the lease was or was not recorded. [Thus, a lessee is] entitled to stand on whatever agreement it had with the [successor’s] predecessor in title including the provision of the … lease [regarding termination events]…. The [successors] were not entitled to 'assume' that tenancy was terminable by them in a manner other than that provided in the lease under which [the lessee] claimed possession."
Summary of this case from Main St. Burger, Inc. v. Estate of CollierOpinion
63466.
DECIDED JANUARY 26, 1982.
Robbery. Chattooga Superior Court. Before Judge Andrews.
A. Kristina Cook Connelly, for appellant.
David L. Lomenick, District Attorney, Ralph Van Pelt, Assistant District Attorney, for appellee.
Defendant appeals his conviction under an indictment charging him with two counts of robbery. His appointed attorney has filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 ( 87 SC 1396, 18 L.Ed.2d 493). In accordance with Anders, counsel has filed a brief raising points of law which he considered arguably could support an appeal. In addition, as required by Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406), we have fully examined the record and transcript to determine independently if there are any meritorious errors of law. We are in agreement with counsel that the points raised are not meritorious and an independent examination discloses no errors of any substance. Therefore, this court grants the motion to withdraw and we affirm the conviction. The evidence adduced at trial was sufficient to enable a rational trier of fact to find the defendant's guilt of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560); Baldwin v. State, 153 Ga. App. 35, 37 ( 264 S.E.2d 528).
Judgment affirmed. Shulman, P. J., and Carley, J., concur.