Allen v. State

Carley, Chief Judge.

Appellant was tried before a jury and found guilty of aggravated assault. A timely notice of appeal was filed and, on October 5, 1988, appellant’s appeal was docketed. On October 25, 1988, this Court *321granted the request of appellant’s counsel that the time for filing an enumeration of errors and brief be extended to November 14, 1988. No enumeration of errors or brief was filed within this extension of time. On February 3, 1989, this Court ordered that an enumeration of errors and brief be filed within five days. To date, there has been no compliance with this order, thus subjecting appellant’s counsel to citation for contempt of court.

We do not find that the failure of appellant’s counsel to file an enumeration of errors and brief authorizes the dismissal of appellant’s appeal. See Evitts v. Lucey, 469 U. S. 387 (105 SC 830, 83 LE2d 821) (1985). After conducting our own independent review of the entire record, we find that a rational trior of fact could reasonably have found from the evidence adduced at trial proof of appellant’s guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). Further, our independent examination of the record and transcript has revealed no error of law requiring reversal. Accordingly, appellant’s conviction is affirmed.

Judgment affirmed.

McMurray, P. J., Birdsong, Sognier, Pope and Benham, JJ., concur. Deen, P. J., Banke, P. J., and Beasley, J., dissent.