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White v. State

Court of Appeals of Georgia
Apr 3, 1989
191 Ga. App. 228 (Ga. Ct. App. 1989)

Opinion

A89A0298.

DECIDED APRIL 3, 1989.

Armed robbery. Bibb Superior Court. Before Judge Wilcox.

R. Lars Anderson, Carl J. Wilson, Jr., for appellant.

Willis B. Sparks III, District Attorney, Charles H. Weston, Thomas J. Matthews, Assistant District Attorneys, for appellee.


The appellant, Maurice White, was convicted of two counts of armed robbery. The evidence showed that on October 20, 1987, two employees at a Turtle's record store were robbed by two men, one of whom wore a dark-colored jogging suit and wielded a pistol. White was apprehended shortly thereafter, along with two other men. White was wearing a dark-blue jogging suit, and the watches and rings of the two victims were found in his pocket; a pistol was found under the seat of the car White was driving.

White's appointed counsel, who also served as trial counsel, filed a motion to withdraw as counsel, pursuant to Anders v. California, 386 U.S. 738 ( 87 SC 1396, 18 L.Ed.2d 493) (1967) and Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406) (1976), as well as a brief raising points of law which might arguably support the appeal. Counsel's motion to withdraw was denied pursuant to Fields v. State, 189 Ga. App. 532 ( 376 S.E.2d 912) (1988). Subsequently, the trial court appointed new counsel to pursue White's appeal.

1. Contrary to White's contention on appeal, the evidence presented at trial authorized a rational trier of fact to find White guilty of armed robbery beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979).

2. White also contends that the life sentences imposed were excessive, cruel, and unusual. The sentences, however, were within the statutory limits, and thus this court will not review them. Stephens v. State, 185 Ga. App. 546 ( 365 S.E.2d 136) (1988).

Judgment affirmed. Birdsong and Benham, JJ., concur.

DECIDED APRIL 3, 1989.


Summaries of

White v. State

Court of Appeals of Georgia
Apr 3, 1989
191 Ga. App. 228 (Ga. Ct. App. 1989)
Case details for

White v. State

Case Details

Full title:WHITE v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 3, 1989

Citations

191 Ga. App. 228 (Ga. Ct. App. 1989)
382 S.E.2d 435