SPENCER BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2017-07-19
No. Case No. 2D15-5501
LaROSE, C.J., and WALLACE and' LUCAS, JJ., Concur.
231 So. 3d 535 Florida District Court of Appeal, Second District (2017) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court affirmed the revocation of probation and sentence because no issues of arguable merit were found.


Facts & Procedural History

Appellant's probation was revoked and sentence imposed. After a prior appeal and rehearing, the appellant was ordered to file a brief but failed to do…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

In this Anders1 appeal, Spencer Baker appeals the revocation of his probation and resulting sentence. Because. we find no issues with arguable merit, we affirm.

After we previously affirmed Mr. Bak-ei’’s judgment and sentence, Mr. Baker filed a timely motion for rehearing, in which he alleged that he was never provided with a copy of the record on appeal. On March 24, 2017, we granted Mr. Baker’s motion for rehearing and withdrew our per curiam opinion filed on January 25, 2017. Baker v. State, 228 So.3d 168, 2017 WL 1325892 (Fla. 2d DCA Mar. 24, 2017). We ordered Mr. Baker’s appointed counsel, Amanda Peterson, to provide the complete record to Mr. Baker and allowed Mr. Baker sixty days from the date of the March 24. order to file an initial brief. Id Ms. Peterson complied with our March 24 order and certified to this court on March 10, 2017,2 that she transmitted the record to Mr. Baker. However,' Mr. Baker failed to file an initial brief or any motions within the allotted time period.

Accordingly, we independently reviewed this Anders appeal in the absence of a pro se initial brief for any issues of arguable merit. See Collando-Pena v. State, 141 So.3d 229, 231 (Fla. 1st DCA 2014) (“Once the period for filing and serving a pro se brief has expired, the appeal is perfected, and the appellate court assumes the duty ... to conduct an independent review for arguable issues apparent on the face of the record.”). Finding none, we affirm the order revoking Mr. Baker’s probation and the resulting sentence. Additionally, this court will not entertain further motions for rehearing in this appeal because of Mr. Baker’s failure to file a brief as permitted in our March 24 order.

Affirmed.

LaROSE, C.J., and WALLACE and' LUCAS, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Baker v. State, 239 So. 3d 721 (Fla. 2d DCA 2017)
    …PER CURIAM. Affirmed. See Baker v. State, No. 2D15-5501, 231 So. 3d 535, 2017 WL 3040107 (Fla. 2d DCA July 19, 2017). NORTHCUTT, KHOUZAM, and SALARIO, JJ., Concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw