SHANNON SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Shannon Smith appeals the circuit court’s order denying his 3.850 motion for post-conviction relief. We affirm on the merits and write only to address the procedure used in this case, whereby appointed counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). As our sister court has noted, no Sixth Amendment right to counsel exists in appeals of orders denying post-conviction relief. See Mayolo v. State, 714 So. 2d 1124, 1124 (Fla. 4th DCA 1998). Accordingly, neither the court nor appellate counsel in postconviction matters is bound by the procedure set forth in Anders. Id. The Fourth District has now determined that it will strike Anders briefs filed in appeals of orders denying post-conviction relief and will not conduct the intensive review required by Anders. See Medrano v. State, 795 So. 2d 1009 (Fla. 4th DCA 2001). Because no Sixth Amendment right to counsel applies in this appeal, we follow the Fourth District’s lead and strike the Anders brief filed in this case.
AFFIRMED.
KAHN, POLSTON, and THOMAS, JJ., concur.
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Beliveau v. State, 144 So. 3d 634 (Fla. 2d DCA 2014)…State, 714 So. 2d 1124, 1124 (Fla. 4th DCA 1998). In Me-drano v. State, 795 So. 2d 1009, 1010 (Fla. 4th DCA 2001), it announced that it would henceforth strike such briefs. In 2007, the First District adopted the same procedure. See Smith v. State, 956 So. 2d 494, 495 (Fla. 1st DCA 2007). This court has continued to accept An-ders briefs, arguably more as a matter of inertia than established policy. Appellate public defenders are familiar with that process, and it is undoubtedly comforting for an attorney w…
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Crump v. State, 955 So. 2d 1204 (Fla. 1st DCA 2007)…PER CURIAM. We have reviewed this case and have found no reversible error. However, we strike the Anders brief filed in this ease pursuant to Smith v. State, 956 So. 2d 494, 2007 WL 1108445 (Fla. 1st DCA Apr.16, 2007). AFFIRMED. ALLEN, WEBSTER, and ROBERTS, JJ., concur.…
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Bradford v. State, 964 So. 2d 226 (Fla. 1st DCA 2007)…PER CURIAM. We have reviewed this case and have found no reversible error. Pursuant to Smith v. State, 956 So. 2d 494 (Fla. 1st DCA 2007), we strike the Anders brief filed in this case. AFFIRMED. KAHN, WEBSTER, and ROBERTS, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Mayolo v. State, 714 So. 2d 1124 (Fla. 4th DCA 1998)
- Acencion Medrano v. State, 795 So. 2d 1009 (Fla. 4th DCA 2001)