JESSE LAMAR HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1981-05-13
No. 80-1069
COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
397 So. 2d 1041 Florida District Court of Appeal, Fifth District (1981) Positive Treatment
Cited by 10 cases


Opinion of the Court
COWART, Judge.

COWART, Judge.

The Public Defender has filed an Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), motion and brief representing to this court that no reversible error appears and requesting leave to withdraw as counsel for appellant. This court gave appellant thirty days within which to file a brief in his own behalf. None was filed. We have reviewed counsel’s brief and examined the record and find the appeal is without merit. Appellant entered a negotiated plea of nolo contendere with no reservation of any right of appeal; then, without any effort to withdraw his plea, he promptly filed this appeal. He cannot appeal under these circumstances. Section 924.06(3), Florida Statutes (1979); Fla.R.App.P. 9.140(b); Robinson v. State, 373 So. 2d 898 (Fla.1979); Cassiani v. State, 384 So. 2d 47 (Fla. 1st DCA 1980); Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979).

The Public Defender’s motion to withdraw is granted and the appeal is DISMISSED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Mulahan v. State, 434 So. 2d 1022 (Fla. 5th DCA 1983)
    …PER CURIAM. DISMISSED. See Skinner v. State, 399 So. 2d 1064 (Fla. 5th DCA 1981); Hall v. State, 397 So. 2d 1041 (Fla. 5th DCA 1981). COBB, FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.…
  • Alexander v. State, 404 So. 2d 173 (Fla. 1st DCA 1981)
    …to file a motion for post-conviction relief under Fla.R.Crim.P. 3.850. See Wilson v. State, 378 So. 2d 1258, 1260 (Fla.1st DCA 1979), rev’d on other grounds, 395 So. 2d 520 (Fla.1981); Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979); Hall v. State, 397 So. 2d 1041 (Fla. 5th DCA 1981). SHAW and THOMPSON, JJ., and LILES, WOODIE A. (Retired), Associate Judge, concur.…
  • Beasley v. State, 425 So. 2d 216 (Fla. 4th DCA 1983)
    …nt of possession of cocaine is dismissed. Section 924-06(3), Florida Statutes (1981); Florida Rule of Appellate Procedure 9.140(b); Robinson v. State, 373 So. 2d 898 (Fla.1979); Cassiani v. State, 384 So. 2d 47 (Fla. 1st DCA 1980) and Hall v. State, 397 So. 2d 1041 (Fla. 5th DCA 1981). The appeal from the circuit court’s order revoking probation is affirmed. State v. Profera, 239 So. 2d 867 (Fla. 4th DCA 1967). ANSTEAD, DELL and WALDEN, JJ., concur.…

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