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Smith v. State

Court of Appeals of Georgia
May 20, 1987
358 S.E.2d 678 (Ga. Ct. App. 1987)

Opinion

74196.

DECIDED MAY 20, 1987.

Habitual violator, etc. Ben Hill Superior Court. Before Judge Faircloth.

Edwin T. Cotton, District Attorney, for appellee.


Appellant was convicted of driving under the influence of alcohol and being an habitual violator and was given concurrent sentences of 12 months and five years. His attorney 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 has filed a brief raising a point of law which he considered could arguably support an appeal. We are in agreement with counsel that the point raised, the denial of a motion for directed verdict of acquittal, though persuasively presented, is without any merit. We have therefore granted the motion to withdraw. In addition, we have fully examined the record and transcript to determine independently if there are any meritorious errors of law. We have found none. We are satisfied that the evidence produced at trial was sufficient to authorize any rational trier of fact to find appellant guilty beyond a reasonable doubt of the crimes charged. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979); Barlow v. State, 158 Ga. App. 500 ( 280 S.E.2d 899) (1981).

Judgment affirmed. Banke, P. J., and Carley, J., concur.

DECIDED MAY 20, 1987.


Summaries of

Smith v. State

Court of Appeals of Georgia
May 20, 1987
358 S.E.2d 678 (Ga. Ct. App. 1987)
Case details for

Smith v. State

Case Details

Full title:SMITH v. THE STATE

Court:Court of Appeals of Georgia

Date published: May 20, 1987

Citations

358 S.E.2d 678 (Ga. Ct. App. 1987)
358 S.E.2d 678