Opinion
57462.
SUBMITTED MARCH 8, 1979.
DECIDED MARCH 16, 1979.
Motor vehicle theft. Forsyth Superior Court. Before Judge Neville.
Boling Rice, Larry H. Boling, for appellant.
Frank C. Mills, III, District Attorney, Rafe Banks, III, Assistant District Attorney, for appellee.
Following his conviction for motor vehicle theft, appellant directed his appointed counsel to appeal the judgment entered on the jury's verdict. A notice of appeal was timely filed. Thereafter, counsel filed a motion to withdraw, stating that upon conscientious examination of the transcript and record of the case, counsel is of the opinion that appeal is wholly frivolous.
"The Supreme Court held in Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406) (1976) 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) (1966), [which] requirements have been met here. As required by Anders and Bethay, supra, we have also examined the record and transcript of the [trial] to determine whether the appeal is, in fact, frivolous, and we conclude that it is. Accordingly, counsel is granted permission to withdraw and the appeal is dismissed. [Cit.]" Corn v. State, 142 Ga. App. 361, 362 ( 235 S.E.2d 687).
Appeal dismissed. Deen, C. J., and McMurray, J., concur.