Lee v. State

Carley, Presiding Judge.

Each appellant in these companion appeals was tried before a jury and found guilty of criminal violations committed in connection with their protest against abortion. Thereafter, each filed a timely pro se appeal from the respective judgments of conviction and sentences entered by the trial court on the jurys’ guilty verdicts. However, no appellant has ever filed any enumeration of errors or brief, notwithstanding this court’s orders directing them to do so. Because the procedural posture of these four appeals is identical, they are hereby consolidated for appellate disposition in this single opinion.

1. After the decision of the Supreme Court of the United States in Evitts v. Lucey, 469 U. S. 387 (105 SC 830, 83 LE2d 821) (1985), this court “amended its rules regarding the dismissal of criminal cases for failure to comply with an order of the court directing the filing of *488an enumeration of errors and a brief. Such noncompliance will no longer automatically result in the dismissal of an appeal. See Court of Appeals Rule 14 [a]. . . .” DeBroux v. State, 176 Ga. App. 81 (1) (335 SE2d 170) (1985). Even if Euitts does not constitutionally require that we automatically consider the merits of a criminal appeal wherein there has been no compliance with Rule 14 (a), a majority of this court in DeBroux v. State, supra at 81 (1), nevertheless held that, “[notwithstanding a criminal defendant’s failure to comply with the rules of this court, we will make every effort to enter a decision on the merits of the case.” Since DeBroux was decided, a majority of this court has continued to adhere to its mandate. “We do not find that the failure ... to file an enumeration of errors and brief authorizes the dismissal of appellant’s appeal. [Cit.]” (Emphasis supplied.) Allen v. State, 192 Ga. App. 320, 321 (385 SE2d 29) (1989). “Notwithstanding the . . . defendant’s failure to comply with the rules and an order of this court, we decline to dismiss his appeal but, instead, will make every effort to render a decision on the merits of the case.” (Emphasis supplied.) Conyers v. State, 183 Ga. App. 591 (1) (359 SE2d 454) (1987).

“The decisions of the Court of Appeals insofar as not in conflict with those of the Supreme Court shall bind all courts except the Supreme Court as precedents.” (Emphasis supplied.) Art. VI, Sec. V, Par. Ill of the Ga. Const, of 1983. “[T]he older decisions of this court are binding on this court until reversed or overruled by the Supreme Court or overruled by this court. . . .” (Emphasis supplied.) McKibben v. State, 88 Ga. App. 466, 474 (1) (77 SE2d 86) (1953). Accordingly, we have a constitutional duty and obligation to follow the holdings in the whole-court decisions in Allen, Conyers and DeBroux unless there is a bona fide reason to depart from the principle of stare decisis. Having considered the issue for yet a fourth time, a majority of this court again adheres to the mandate of Allen, Conyers and DeBroux and, recognizing that a speedy resolution of criminal appeals is preferable to a delay of that determination, we reiterate that, once this court’s jurisdiction has been invoked by a timely filed notice of appeal from a criminal conviction, we will not dismiss for the subsequent failure to comply with the rules of this court, but will make every effort to render a decision on the merits of the case.

2. A review of the records shows that, from the evidence adduced at each trial, the jury was authorized to find proof, beyond a reasonable doubt, of the guilt of the defendant on trial. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

3. “[0]ur independent examination of the record and transcript has revealed no error of law requiring reversal. Accordingly, [each] appellant’s [convictions are] affirmed.” Allen v. State, supra at 321. See also Conyers v. State, supra at 591 (2); DeBroux v. State, supra *489at 81 (2).

Judgments affirmed.

Sognier, C. J., McMurray, P. J., Birdsong, P. J., Pope, Cooper and Johnson, JJ., concur. Beasley and Andrews, JJ., dissent.