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Givens v. State

Court of Appeals of Georgia
Apr 11, 1984
318 S.E.2d 84 (Ga. Ct. App. 1984)

Opinion

68539.

DECIDED APRIL 11, 1984.

Armed robbery. Richmond Superior Court. Before Judge Pickett.

Larry Givens, pro se. Sam B. Sibley, Jr., District Attorney, George N. Guest, Assistant District Attorney, for appellee.


Larry Givens was convicted at a joint trial with Gerald Jones of the crimes of felony murder and criminal attempt to commit armed robbery. Jones appealed the conviction to the Supreme Court which affirmed the judgment of conviction and sentence. Jones v. State, 250 Ga. 498 ( 299 S.E.2d 549). Givens' attorney filed in that court an Anders motion to withdraw as counsel raising as the only possible error the general grounds. The Supreme Court found no error in the proceedings and a sufficiency of evidence to sustain the convictions. The Supreme Court granted the Anders motion. Givens v. State, 251 Ga. 346 ( 305 S.E.2d 589). That action became final on July 28, 1983.

Givens, pro se, filed a notice of appeal in this same case in this court on March 6, 1984. However, Givens has already had his "day in court." He fully exhausted his appellate rights before the court having proper jurisdiction of this case and the case result is final. There is nothing more to consider. We are not the habeas corpus court and thus do not presume to consider the appeal in that light. There must be an end to litigation and that end occurs when a judgment becomes final. Such finality has occurred in this case. We have no jurisdiction over this case.

Appeal dismissed. Quillian, P. J., and Carley, J., concur.

DECIDED APRIL 11, 1984.


Summaries of

Givens v. State

Court of Appeals of Georgia
Apr 11, 1984
318 S.E.2d 84 (Ga. Ct. App. 1984)
Case details for

Givens v. State

Case Details

Full title:GIVENS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 11, 1984

Citations

318 S.E.2d 84 (Ga. Ct. App. 1984)
170 Ga. App. 692

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