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Andrews v. State

Court of Appeals of Georgia
Jul 15, 1980
271 S.E.2d 23 (Ga. Ct. App. 1980)

Opinion

59986.

DECIDED JULY 15, 1980.

Motor vehicle theft. Richmond Superior Court. Before Judge Fleming.

Von Terry Andrews, pro se. Richard E. Allen, District Attorney, for appellee.


Appellant was tried on and convicted of two counts of motor vehicle theft. The trial court imposed a sentence of seven years in the penitentiary on each count, to run consecutively.

Appellant's appointed counsel has filed a motion seeking permission to withdraw as counsel on the ground that the appeal is wholly frivolous. The requirements for such action as set forth in Anders v. California, 386 U.S. 738 ( 87 SC 1396, 18 L.Ed.2d 493) (1966), have been met here.

Counsel suggests that the only possible issue for review is that raised by the admission into evidence of appellant's confession. He argues that the confession was not freely and voluntarily made and that appellant was not advised of his constitutional privilege against self-incrimination as soon as he was subjected to questioning.

In compliance with this court's duties under Anders, we have thoroughly reviewed and examined the record and transcript to determine whether this appeal is, in fact, wholly frivolous. The evidence adduced before the trial judge on the issue of admissibility of appellant's confession authorized the conclusion that appropriate constitutional safeguards in keeping with the Miranda requirements and other decisions were followed and that appellant spoke voluntarily and without coercion, in full awareness of his rights and that he waived the right to counsel.

Therefore, we conclude that the matters set forth in the brief of counsel for appellant will not support the appeal. We find the appeal to be wholly frivolous as contemplated by Anders. Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406) (1976). Accordingly, counsel is granted permission to withdraw. Based upon our independent review of the entire record, we find no error and affirm the judgment.

Judgment affirmed. Quillian, P. J., and Shulman, J., concur.

DECIDED JULY 15, 1980.


Summaries of

Andrews v. State

Court of Appeals of Georgia
Jul 15, 1980
271 S.E.2d 23 (Ga. Ct. App. 1980)
Case details for

Andrews v. State

Case Details

Full title:ANDREWS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jul 15, 1980

Citations

271 S.E.2d 23 (Ga. Ct. App. 1980)
271 S.E.2d 23