Simpkins v. State, 73219

• Decision Date: 10 March 1987
• Docket Number: No. 73219,73219
• Citation: Simpkins v. State, 356 S.E.2d 566, 182 Ga.App. 431 (Ga. App. 1987)
• Parties: SIMPKINS v. The STATE.
• Court: Georgia Court of Appeals

Page 566

356 S.E.2d 566

182 Ga.App. 431

SIMPKINS v. The STATE.

No. 73219.

Court of Appeals of Georgia.

March 10, 1987.

Rehearing Dismissed April 1, 1987.

Kidnapping. Richmond Superior Court. Before Judge Fleming.

Sam B. Sibley, Jr., Dist. Atty., for appellee.

BENHAM, Judge.

Appellant was convicted of kidnapping and sentenced to 20 years to serve. His attorney filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In accordance with Anders, counsel has filed a brief raising points of law which he considered could arguably support an appeal. We are in agreement with counsel that none of the points raised, though persuasively presented, has any merit. We have therefore granted the motion to withdraw. We have, however, considered the points raised by appellant in two briefs filed pro se. First, we find no error in the charges of which appellant complains: they were adjusted to the evidence and were correct statements of the law. Second, the remaining issues present no question on appeal because they were not raised in the trial court (see Morris v. State, 179 Ga.App. 228 (3), 345 S.E.2d 686 (1986)), including a possible claim under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Compare Sparks v. State, 180 Ga.App. 467, 349 S.E.2d 504 (1986); Mincey v. State, 180 Ga.App. 263, 349 S.E.2d 1 (1986); Wise v. State, 179 Ga.App. 115, 346 S.E.2d 393 (1986). In addition, we have fully examined the record and transcript to determine independently if there are any meritorious errors of law. We have found none. We are satisfied that the evidence produced at trial was sufficient to authorize any rational trier of fact to find appellant guilty beyond a reasonable doubt of the crime charged. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Baldwin v. State, 153 Ga.App. 35, 37, 264 S.E.2d 528 (1980).

Judgment affirmed.

DEEN, P.J., concurs.

BEASLEY, J., concurs in judgment only.