JAMES PRICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court granted the public defender's motion to withdraw as counsel for the appellant, finding the appeal to be frivolous. The appellant had been convicted of robbery and his post-conviction relief petition was denied.
Yes, the motion to withdraw is granted because the public defender has shown good cause by demonstrating that the appeal lacks merit and would be frivolous.
“he has made a careful study of the court file and the applicable law and can find no merit to the appellant's contention as indicated in his Criminal Rule 1 petition nor in his appeal and that to pursue the appeal would be -frivolous.”
This quote explains the public defender's basis for seeking withdrawal, highlighting the lack of merit in the appeal.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of robbery by a jury. His subsequent petition for post-conviction relief was denied. The public defender, who represented …
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Appellant was convicted by a jury for the offense of Robbery in July 1965. In December 1965, his petition filed under Criminal Rule 1, F.S.A. ch. 924 appendix was denied. Order of insolvency and appointment of counsel was entered in January 1966. Notice of appeal was filed by the public defender’s office pursuant to the order appointing the public defender to represent appellant on his appeal. The Public Defender now petitions this court for leave to withdraw as counsel and alleges, inter alia, that he defended the appellant at the trial wherein he was convicted; that he has made a careful study of the court file and the applicable law and can find no merit to the appellant’s contention as indicated in his Criminal Rule 1 petition nor in his appeal and that to pursue the appeal would be -frivolous.
Similar situations have arisen before and where good cause for withdrawal was shown as we think is shown here, the motion to withdraw has been granted. Carr *682v. State, Fla.App., 180 So.2d 381. McNealy v. State, 1st D.C.A., 183 So.2d 738, filed March 8, 1966.
The motion to withdraw is granted, and the appellant is granted thirty days from the date this opinion is filed within which to file his assignments of error and supporting brief.
WIGGINTON, Acting C. J., and STURGIS and JOHNSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 208 So. 2d 462 (Fla. 1st DCA 1968)…appellant is a nullity for want of jurisdiction to enter same and, further, that the Public Defender is granted leave to address such motions as may be deemed appropriate to this Court, including a motion to withdraw as counsel. See Price v. State, 184 So. 2d 681 (Fla.App. 1st 1966); McNealy v. State, 183 So. 2d 738 (Fla. App. 1st 1966). Motion to dismiss is denied. The Clerk of this Court is directed to forward a copy of this order to the Public Defender of the Fourth Judicial Circuit in and for Nassau Co…
Authorities Cited
- Carr v. State, 180 So. 2d 381 (Fla. 2d DCA 1965)
- McNEALY v. State, 183 So. 2d 738 (Fla. 1st DCA 1966)