Mitchell v. State

McMurray, Presiding Judge.

This appeal presents the question of how this court should handle a criminal defendant’s appeal when the defendant’s attorney has failed to file a brief and enumerations of error despite being ordered to do so. In Whittle v. State, 210 Ga. App. 841 (437 SE2d 842) (1993), we ruled that we will not decide a case on the merits without a brief and enumerations of error. However, a majority of this court does not think the appeal should simply be dismissed without requiring the trial court to look into whether the defendant should be given another opportunity to appeal.…