Cleveland v. State

Decided November 21, 1989

Court of Appeals of Georgia · decided 1989-11-21

Key passage — most relied on by later courts

“Notwithstanding [appellant's] failure to comply with the rules and order of this court, we decline to dismiss his appeal, but instead we will review the record . . . and make a decision based upon the merits of the case. [Cit.]”

quoted by 1 later decision, including 198 Ga. App. 603 - Bullard v. State

Relies on 183 Ga. App. 591 - Conyers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-21

How this case has been cited

Cited by 7 later decisions — most recently March 2011

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Pope, Judge.

¶1Appellant-defendant was ordered by this court on March 20, 1989, to file a brief and enumerations of error. To date, he has failed to do so.

¶21. Notwithstanding defendant’s failure to comply with the rules and order of this court, we decline to dismiss his appeal, but instead we will review the record and transcript and make a decision based upon the merits of the case. Conyers v. State, 183 Ga. App. 591 (1) (359 SE2d 454) (1987).

¶32. Defendant was convicted on two counts of selling cocaine to an undercover GBI agent. In each instance, the buy was made in daylight and the agent positively identified defendant. We have reviewed carefully the record and transcript and find no error.

¶4Judgment affirmed.

Banke, P. J., and Sognier, J., concur.