Opinion

Conyers v. State

  • 183 Ga. App. 591
  • 359 S.E.2d 454
  • 1987 Ga. App. LEXIS 2726
Court
Court of Appeals of Georgia
Filed
Jul 8, 1987
Status
Published
Author
Deen
On the bench
Pope, Birdsong, McMurray, Carley, Sognier, Benham, Deen, Banke, Beasley
Cited by
19 cases
Authority
More cited than 6.4%

The opinion

Deen, Presiding Judge,

dissenting.

The order of January 20, 1987, clearly warned the appellant that failure to file the brief and enumeration of errors may result in the dismissal of the appeal. Because the appellant did not file any brief or enumeration of errors as ordered, this appeal may be dismissed, pursuant to Rule 14 of the Rules of the Court of Appeals.

An appellant in a criminal case may forfeit or abandon the appeal by failing to comply with the rules of appellate procedure and, in particular, an order of this court. See State v. Denson, 236 Ga. 239 ( 223 SE2d 640 ) (1976). Under circumstances almost identical to the instant case, this court has dismissed an appeal in a criminal case. Brown v. State, 179 Ga. App. 182 ( 345 SE2d 901 ) (1986); but compare DeBroux v. State, 176 Ga. App. 81 ( 335 SE2d 170 ) (1985), wherein this court noted that dismissal is not automatic. As in Brown , I be *592 lieve that this appeal should be dismissed.

I must respectfully dissent. I am authorized to state that Presiding Judge Banke and Judge Beasley join in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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