ALVIN WILMORE
v.
OFFICE
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Alvin Wilmore appeals his conviction for Resisting an Officer without Violence and Trespass on Property under Florida law. The appellate court, applying Anders standards, found no meritorious basis for reversal and affirmed the judgment and sentence.
The court held that the error in starting jury selection prior to Appellant arriving shortly thereafter was not prejudicial, and therefore the conviction and sentence should be affirmed.
[1] When an appellate court conducts an independent review of the record pursuant to Anders v. …
[2] An Anders brief filed by appellate counsel requires the court to conduct an independent review of the record for potential reversible error.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The record established beyond a reasonable doubt that the error in starting jury selection prior to Appellant arriving shortly thereafter was not prejudicial.”
This establishes the court's key finding that the trial error did not warrant reversal
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Join FLexlaw to unlock all legal intelligenceAppellant Alvin Wilmore was convicted of two misdemeanors: Resisting an Officer without Violence under Florida Statute Section 843.02 (2014) and Tresp…
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Before TYNAN, MURPHY, and SHAFFER, J.J.
Appellant, Alvin Wilmore, appeals his judgment and sentence for the misdemeanor crimes of Resisting an Officer without Violence and Trespass on Property Other than Structure or Conveyance, pursuant to Florida Statute Section 843.02 (2014) and Florida Statute Section 810.09(1) (2018), respectively. Appellate counsel filed an Anders1 brief on April1, 2019. On that same date, Appellate counsel filed a Motion to Withdraw. An Order Granting Motion to Withdraw and Affording Appellant an Opportunity to File a Pro Se Brief was entered on June 20, 2019, in which Appellant was granted thirty days to file a pro se brief. However, to date, Appellant has not done so. The State did not file an answer brief.
PER CURIAM.
DONE AND ORDERED in Chambers at Kissimmee, Osceola County, Florida, this
day of ____________, 2019.
____________________________ GREG A. TYNAN Presiding Circuit Judge MURPHY and SHAFFER, J.J., concur. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order was furnished on this _____ day of _________________, 2019, to the following: Alvin Wilmore, 850 S. Flag Lane, Poinciana, Florida 34759; Sarah L.B. Jordan, Esq., Assistant Public Defender, Ninth Circuit Public Defender’s Office, 2 Courthouse Square, Suite 1600, Kissimmee, Florida 34741; and Kenneth Sloan Nunnelley, Esq., Assistant State Attorney and Attorney for Appellee, Office of the State Attorney, 2 Courthouse Square, Suite 3500, Kissimmee, Florida 34741, [email protected].
Judicial Assistant
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Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Jordan v. State, 143 So. 3d 335 (Fla. 2014)