McCoy v. State
| Decision Date | 04 December 1987 |
| Docket Number | No. 75506,75506 |
| Parties | McCOY v. The STATE. |
| Court | Georgia Court of Appeals |
David C. Jones, Sylvester, for appellant.
Timothy G. Madison, Dist. Atty., James E. Sherrill, John G. Wilbanks, Jr., Asst. Dist. Attys., for appellee.
McCoy appeals his convictions of burglary and theft by taking. Held:
1. The first issue which presents itself is whether the appeal must be dismissed as untimely filed. The record discloses that the appellant was convicted and sentenced on October 28, 1986, but that his notice of appeal was not filed until December 17, 1986. In response to an objection made by the state to the timeliness of the notice of appeal, the trial judge made a specific finding that the delay was attributable to the "court's lack of direction as to whether the ... public defender ... or the court appointed special defender ... would file the notice of appeal."
In Johnson v. State, 183 Ga.App. 168, 358 S.E.2d 313 (1987), we noted that Here, as in that case, to dismiss the appellant's appeal would almost certainly result in just such a denial of the appellant's due process rights. Thus, Id.
2. The appellant contends that his conviction of theft by taking was based on the uncorroborated testimony of an alleged accomplice. "In Georgia the testimony of an accomplice used to convict the accused of a crime must be supported by independent corroborating evidence as to the identity and participation of the accused tending to connect him to the crime or leading to the inference that he is guilty." Eubanks v. State, 240 Ga. 544, 545, 242 S.E.2d 41 (1978). However, slight corroboration of the accomplice's testimony is sufficient. Bryant v. State, 179 Ga.App. 653, 654, 347 S.E.2d 301 (1986). The testimony of the accomplice in this case was sufficiently corroborated by the testimony of other participants connecting the appellant to the offense.
3. The appellant further contends the evidence was insufficient to support his...
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W.C.J., In Interest of
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