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Draine v. State

Court of Appeals of Georgia
Feb 29, 1984
316 S.E.2d 170 (Ga. Ct. App. 1984)

Opinion

67703.

DECIDED FEBRUARY 29, 1984.

Rape. Dougherty Superior Court. Before Judge Kelley.

Hobart M. Hind, District Attorney, for appellee.


Defendant appeals his conviction for the offense of rape following the denial of his motion for new trial. Held:

His appointed counsel has appealed but has now filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 ( 87 SC 1396, 18 L.Ed.2d 493), contending that after careful review of the transcript and record counsel feels that any appeal from said conviction would be frivolous and without legal basis. A copy of the motion to withdraw as counsel and the brief in support thereof was served upon the defendant. Counsel has met all requirements of Anders v. California, supra, and Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406).

After a careful review of the record and transcript and the brief filed by counsel, we are in agreement with counsel from our independent examination that no errors of substance have been committed. Accordingly, we find the appeal to be wholly frivolous and counsel's motion to withdraw is granted. See Heard v. State, 248 Ga. 348, 349 ( 283 S.E.2d 270).

In further compliance with Anders v. California, 386 U.S. 738, supra, we have fully and carefully examined the record and transcript and find no reversible error. A rational trier of fact could reasonably have found from the evidence adduced at trial proof of guilt of the defendant beyond a reasonable doubt of the offense of rape. See Devier v. State, 250 Ga. 652, 654 (2) ( 300 S.E.2d 490); Simmons v. State, 249 Ga. 860 (1) ( 295 S.E.2d 84).

Motion granted; judgment affirmed. Deen, P. J., and Sognier, J., concur.

DECIDED FEBRUARY 29, 1984.


Summaries of

Draine v. State

Court of Appeals of Georgia
Feb 29, 1984
316 S.E.2d 170 (Ga. Ct. App. 1984)
Case details for

Draine v. State

Case Details

Full title:DRAINE v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 29, 1984

Citations

316 S.E.2d 170 (Ga. Ct. App. 1984)
316 S.E.2d 170