You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

New v. State

Citations: 163 Ga. App. 664; 295 S.E.2d 587; 1982 Ga. App. LEXIS 3238Docket: 64712

Court: Court of Appeals of Georgia; September 30, 1982; Georgia; State Appellate Court

Narrative Opinion Summary

Appellant was convicted of burglary and received a 15-year sentence. His attorney filed a motion to withdraw under Anders v. California, presenting several potential legal points for appeal. However, the court concurred with the attorney that none of these points had merit. After a thorough review of the record and trial transcript, the court found no significant legal errors. The evidence was deemed sufficient for a rational trier of fact to find the appellant guilty beyond a reasonable doubt. The judgment of conviction was affirmed, with Quillian, C. J., and Carley, J., concurring. The case was represented by D. L. Lomenick, the District Attorney, and Ralph Van Pelt, the Assistant District Attorney, for the appellee.

Legal Issues Addressed

Affirmation of Conviction

Application: The judgment of conviction was upheld by the court, with concurrence from Chief Judge Quillian and Judge Carley.

Reasoning: The judgment of conviction was affirmed, with Quillian, C. J., and Carley, J., concurring.

Anders Brief and Withdrawal of Counsel

Application: The attorney filed a motion to withdraw under Anders v. California, indicating that after a thorough examination, no meritorious grounds for appeal were found.

Reasoning: His attorney filed a motion to withdraw under Anders v. California, presenting several potential legal points for appeal.

Review of Trial Record for Legal Errors

Application: Upon reviewing the trial record and transcript, the court found no significant legal errors that would warrant overturning the conviction.

Reasoning: After a thorough review of the record and trial transcript, the court found no significant legal errors.

Sufficiency of Evidence for Conviction

Application: The court determined that the evidence presented at trial was adequate for a rational trier of fact to find the appellant guilty beyond a reasonable doubt.

Reasoning: The evidence was deemed sufficient for a rational trier of fact to find the appellant guilty beyond a reasonable doubt.