JESSE LAMAR HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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.
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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.…
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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.…
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)
- McCARTY v. State, 384 So. 2d 47 (Fla. 1st DCA 1980)
- Cassiani v. State, 384 So. 2d 47 (Fla. 1st DCA 1980)