CLIFFORD MYERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1968-10-29
No. 68-275
Before BARKDULL, HENDRY and SWANN, JJ.
214 So. 2d 895 Florida District Court of Appeal, Third District (1968)

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Synopsis

The court affirmed the lower court's judgment after the public defender moved to withdraw as counsel for the indigent appellant. The appellant failed to respond to the court's invitation to raise points in support of his appeal, leading the court to deem the appeal frivolous.


Holding

Yes, the appeal is frivolous, and the public defender's motion to withdraw is granted, affirming the lower court's judgment.


Key Quotes

“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, 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 a 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 failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous.”

Establishes the procedural steps taken by the court and the appellant's failure to respond, leading to the conclusion that the appeal is frivolous.

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Facts & Procedural History

The public defender moved to withdraw as counsel for the indigent defendant-appellant. The court deferred ruling on the motion, provided the appellant…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

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, 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 a copy of the public defender’s memorandum brief-, and having allowed the *896appellant a reasonable specified time within which to raise any points that he chose in support of his appeal, and the appellant having failed to respond 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.


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