THOMAS LEON FRANCIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed a conviction after the public defender moved to withdraw, finding the appeal to be wholly frivolous after allowing the appellant an opportunity to raise his own points. This case illustrates the application of Anders v. California procedures for handling indigent appeals.
Yes, the appeal is wholly frivolous, and therefore, the public defender's motion to withdraw is granted, and the order or judgment appealed is affirmed.
“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 copies 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.”
Describes the procedural steps taken by the court to ensure the appellant's rights were protected before deeming the appeal frivolous.
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Join FLexlaw to unlock all legal intelligenceThe public defender moved to withdraw as counsel for an indigent defendant-appellant, asserting the appeal was frivolous. The court followed the proce…
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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 copies 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.
Affirmed.