JAMES M. O'BRIEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed a lower court's judgment after the public defender moved to withdraw, concluding the appeal was frivolous. The court followed the procedure outlined in Anders v. California, ensuring the appellant had an opportunity to present arguments.
Yes, the appeal is wholly frivolous, counsel is permitted to withdraw, and the lower court's order is affirmed.
“we conclude that the appeal is wholly frivolous.”
This quote establishes the court's finding regarding the merit of the appeal.
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Join FLexlaw to unlock all legal intelligenceThe public defender moved to withdraw as counsel for the indigent defendant-appellant, asserting the appeal was frivolous. The court granted the appel…
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This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. State of California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493, having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having furnished appellant with copy of the public defender’s memorandum brief, and having allowed the appellant a reasonable specified time within which to raise any points that he chose in support of his appeal, and the appellant having filed his response thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. Whereupon the public defender’s said motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.