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Henry v. State

Court of Appeals of Georgia
Apr 13, 1982
290 S.E.2d 210 (Ga. Ct. App. 1982)

Opinion

63523.

DECIDED APRIL 13, 1982.

Petition for record, etc. Emanuel Superior Court. Before Judge Hartley.

Donald Henry, pro se. H. Reginald Thompson, District Attorney, Richard A. Malone, Assistant District Attorney, for appellee.


In November 1979, Donald Henry was convicted upon his plea of guilty to numerous offenses of theft by taking, arson, and forgery. He was sentenced in accordance with law. No appeal was taken from this conviction and sentence. In October 1981, Henry sought to compel the Superior Court of Emanuel County to furnish him copies of the guilty plea and sentencing proceedings for purposes of collateral attack. The trial court denied the motion on October 28, 1981, holding that appellant is not entitled to free copies of these proceedings for purposes of making a collateral attack, citing Holmes v. Kenyon, 238 Ga. 583 ( 234 S.E.2d 502) and Billups v. State, 234 Ga. 147, 148 ( 214 S.E.2d 884). Appellant filed a notice of appeal from the denial of free transcript on November 3, 1981. No enumerations of error or brief was filed in support of the notice of appeal. On January 27, 1982, this court filed its order requiring appellant to file an enumeration of errors and brief not later than February 1, 1982, or suffer dismissal. Over two months after this order was filed, appellant still has not filed the documents required by order of the court. It is apparent therefore that the appeal has been abandoned and is therefore dismissed. See Mosely v. Mosely, 244 Ga. 208 ( 259 S.E.2d 462); Rule 27 (a) and Rule 14, Court of Appeals of Georgia.

Appeal dismissed. McMurray, P. J., and Banke, J., concur.

DECIDED APRIL 13, 1982.


Summaries of

Henry v. State

Court of Appeals of Georgia
Apr 13, 1982
290 S.E.2d 210 (Ga. Ct. App. 1982)
Case details for

Henry v. State

Case Details

Full title:HENRY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 13, 1982

Citations

290 S.E.2d 210 (Ga. Ct. App. 1982)
290 S.E.2d 210

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