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Spivey v. State

Court of Appeals of Georgia
Feb 3, 1983
301 S.E.2d 288 (Ga. Ct. App. 1983)

Opinion

65584.

DECIDED FEBRUARY 3, 1983.

Child molestation. Dodge Superior Court. Before Judge Lawson.

James L. Wiggins, District Attorney, James E. Turk, David Gafnea, Assistant District Attorneys, for appellee.


Wayne Spivey was convicted of child molestation and sentenced to 15 years. His appointed attorney has filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 ( 87 SC 1396, 18 L.Ed.2d 493). In accordance with Anders, counsel filed a brief raising points of law which he considered arguably could support an appeal. In addition, as required by Bethay v. State, 237 Ga. 625 ( 229 S.E.2d 406), 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 the point raised, though persuasively presented, has no merit nor does our independent examination disclose any errors of substance. Appellant has since offered no objection to this motion, nor additional argument. Therefore, this court, having previously granted the motion to withdraw, now affirms the conviction (see Snell v. State, 246 Ga. 648 ( 272 S.E.2d 348)). We are satisfied that the evidence adduced at trial, though circumstantial, was sufficient to enable any rational trier of fact to find guilt of the crime charged beyond reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560); Baldwin v. State, 153 Ga. App. 35, 37 ( 264 S.E.2d 528).

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

DECIDED FEBRUARY 3, 1983.


Summaries of

Spivey v. State

Court of Appeals of Georgia
Feb 3, 1983
301 S.E.2d 288 (Ga. Ct. App. 1983)
Case details for

Spivey v. State

Case Details

Full title:SPIVEY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 3, 1983

Citations

301 S.E.2d 288 (Ga. Ct. App. 1983)
301 S.E.2d 288