*547On Motion for Rehearing.
Clark, Judge.Following rendition of the foregoing opinion we received a document entitled "Reply Brief for Appellant.” As we had already considered all of the points raised therein our customary practice would be merely to enter the customary "Rehearing denied” with no further explanation. Since, however, we have become aware of the results of "creative loafing” and are impressed that the brief cites eight United States Supreme Court cases on one point alone, we deem it proper to deal with only one assertion. This is that the indigent defendant was entitled to have appointed counsel continue his services after trial through consummation of this appeal. Our efforts are in accord with the theme of the excellent article entitled "Habeas Corpus” by the beloved and venerable Hon. Frank A. Hooper, Senior U. S. District Judge of the Northern District of Georgia, published in the August 1972 issue of the Georgia State Bar Journal (9 Ga. State Bar Jour. 29) urging a spirit of comity between State and Federal judges in order to reduce the large number of habeas corpus petitions which he says "is one of the principal sources of chaos, confusion and congestion in the courts.”
Appellant now claims he did not have the benefit of effective representation on this appeal in that his appointed counsel declined to participate. In support of this contention he cites Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493). It was there held that the constitutional right to counsel is not satisfied where an indigent petitioner seeking initial review of his conviction has an amicus curiae rather than an active advocate. The procedure there suggested at p. 744 is that "if counsel finds a case to be wholly frivolous after a conscientious examination of it, he should so advise the court and request permission to withdraw. That request must, however, be accompanied by a brief referring to anything in the record that might arguably support the appeal. A copy of counsel’s brief should be furnished the indigent and time allowed him to raise any points that he chooses; the court — not counsel — then pro*548ceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous.” Our Supreme Court has recently approved this procedure in Chambers v. State, 229 Ga. 648.
Although in the case now under consideration appointed counsel wrote this court, he did not submit citations or argument. Nevertheless, we are of the opinion that constitutional requirements have here been satisfied as this appellate court has carefully reviewed the transcript of the trial and given full consideration to all legal points that might be involved.
It should be noted that the charge against the accused was not a complex or involved crime that would require extensive research. His defense against the charge of escape from a place of detention was based on his credibility in explanation as to intent. Did the jury believe that in fact he did not intend to escape? The finding of the jury was adverse to his contentions and the evidence supports the verdict which has been approved by the trial judge. Our review of the transcript shows his right to a constitutionally fair trial including representation by competent counsel existed.
Our Supreme Court has wisely ruled that the advisability of appealing a judgment of conviction is for determination by counsel. Buxton v. Brown, 222 Ga. 564 (150 SE2d 636) and Blackmon v. Smith, 226 Ga. 849 (178 SE2d 176). A primary reason for this rule revolves around the possibility that upon a re-trial a harsher sentence might result. In Rozier v. State, 126 Ga. App. 336 (2) (190 SE2d 627) we held that "imposition of a harsher sentence by a jury on a retrial after an appeal does not violate defendant’s constitutional rights.” Since that decision the United States Supreme Court ruled in Colten v. Kentucky, 407 U. S. 104 (92 SC 1953, 32 LE2d 584) that upon a de novo trial there is a completely fresh determination of guilt or innocence which distinguishes such procedure from Pearce v. North Carolina, 395 U. S. 711 (89 SC 2072, 23 LE2d 656).
Thus, it was in order for appointed counsel in the case at *549bar to decline to have defendant take such risk after his representation brought a minimum sentence with the jury-recommending punishment as for a misdemeanor. It is then in the judge’s discretion as to whether he will approve such recommendation and his action thereon is final. Harris v. State, 216 Ga. 740 (119 SE2d 352) and citations therein. '"Lawyers are not required to be infallible . . . The ability and faithfulness of an attorney is not to be judged by whether he won or lost the verdict.’” Hart v. State, 227 Ga. 171, 177 (179 SE2d 346) quoting Williams v. Beto (CCA 5), 354 F2d 698, 704, and Odom v. United States (CCA 5), 377 F2d 853. See also Heard v. State, 126 Ga. App. 62 (189 SE2d 895).
The remaining arguments in the brief are only repetitious of the original contentions which have already been fully considered and dealt with adversely to appellant.
Judgment adhered to.
Eberhardt, P. J., and Deen, J., concur.