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Clark v. State

Court of Appeals of Georgia
Mar 16, 1982
289 S.E.2d 530 (Ga. Ct. App. 1982)

Opinion

63045.

DECIDED MARCH 16, 1982.

Rape, etc. Glynn Superior Court. Before Judge Killian.

John W. Davis, Donald E. Manning, for appellant.

Glenn Thomas, Jr., District Attorney, John B. Johnson III, Assistant District Attorney, for appellee.


Appellant Charles Clark, Jr. was convicted of burglary, rape, and two counts of aggravated sodomy of a seventy-year-old woman. He was sentenced to a total of seventy years for the offenses, twenty of which were to be served concurrently with the other sentences.

The crime in this case occurred less than three months after the appellant had been paroled from the Florida prison system after having served seven years of a life sentence imposed for rape.

The appellant entered the victim's home in the nighttime and upon waking her up, he tried to force her to give him money. He blindfolded her and then raped and sodomized her. When the appellant fell asleep, the victim ran from the house and called the police. The police apprehended appellant inside the victim's home.

Appellant's appointed attorneys have 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). In accordance with Anders, counsel have filed a brief raising points of law which they consider arguably could support an appeal. In addition, as required by Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406) (1976), 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 none of the points raised have any merit, nor does our independent examination disclose any errors of substance. Therefore, this court grants the motion to withdraw, and we affirm the conviction. See Snell v. State, 246 Ga. 648 ( 272 S.E.2d 348) (1980). We are satisfied that the evidence adduced at trial was sufficient to enable any rational trier of fact to find appellant guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979); Baldwin v. State, 153 Ga. App. 35 ( 264 S.E.2d 528) (1980).

Judgment affirmed. Quillian, C. J., and McMurray, P. J., concur.


DECIDED MARCH 16, 1982.


Summaries of

Clark v. State

Court of Appeals of Georgia
Mar 16, 1982
289 S.E.2d 530 (Ga. Ct. App. 1982)
Case details for

Clark v. State

Case Details

Full title:CLARK v. THE STATE

Court:Court of Appeals of Georgia

Date published: Mar 16, 1982

Citations

289 S.E.2d 530 (Ga. Ct. App. 1982)
289 S.E.2d 530