SAMMIE EARL WALKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal affirmed a lower court's judgment after the public defender moved to withdraw as counsel for the indigent appellant. The court followed the Anders v. California procedure, allowing the appellant time to raise his own points, which he failed to do, leading the court to deem the appeal frivolous.
Yes, the appeal is wholly frivolous, and the public defender's motion to withdraw is granted, affirming the lower court's order.
“This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. 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 basis for 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. The court deferred ruling on the motion and provided the appella…
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This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. 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 ex-*650animation 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 of judgment appealed is hereby affirmed.
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Citator
Cited By
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Daniels v. State, 233 So. 2d 405 (Fla. 2d DCA 1970)…se shown, is granted. It is so ordered. HOBSON, C. J., and LILES and Mc-NULTY, JJ, concur. . See Anders v. California (1967), 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493. . See Anders v. California, id.; and cf. Walker v. State (Fla.App.3d 1969) 220 So. 2d 649; Williams v. State (Fla. App. 1st 1966), 186 So. 2d 824; and McNealy v. State (Fla.App.1st 1966), 183 So. 2d 738.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)