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Lawskills.com Georgia Caselaw
ANDREWS v. THE STATE.
59986.
CARLEY, Judge.
Motor vehicle theft. Richmond Superior Court. Before Judge Fleming.
Appellant was tried on and convicted of two counts of motor vehicle theft. The trial court imposed a sentence of seven years in the penitentiary on each count, to run consecutively.
Appellant's appointed counsel has filed a motion seeking permission to withdraw as counsel on the ground that the appeal is wholly frivolous. The requirements for such action as set forth in Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493) (1966), have been met here.
Counsel suggests that the only possible issue for review is that raised by the admission into evidence of appellant's confession. He argues that the confession was not freely and voluntarily made and that appellant was not advised of his constitutional privilege against self-incrimination as soon as he was subjected to questioning.
Therefore, we conclude that the matters set forth in the brief of counsel for appellant will not support the appeal. We find the appeal to be wholly frivolous as contemplated by Anders. Bethay v. State, 237 Ga. 625 (229 SE2d 406) (1976). Accordingly, counsel is granted permission to withdraw. Based upon our independent review of the entire record, we find no error and affirm the judgment.
Richard E. Allen, District Attorney, for appellee.
Von Terry Andrews, pro se.
DECIDED JULY 15, 1980.
Friday May 22 00:04 EDT


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