JAMES SWINTON, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the lower court's judgment after the public defender moved to withdraw as counsel for the indigent defendant-appellant, finding the appeal to be wholly frivolous. The court followed the procedure outlined in Anders v. California, allowing the appellant time to respond to the withdrawal motion and brief, which he failed to do.
Yes, the appeal is wholly frivolous, justifying the public defender's withdrawal and affirmation of 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, 744, 87 S.Ct. 1397, 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.”
Describes the procedural steps taken by the court following the public defender's motion to withdraw and the appellant's failure to respond, leading to the conclusion that the appeal is frivolous.
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Join FLexlaw to unlock all legal intelligenceThe public defender moved to withdraw as counsel for the indigent defendant-appellant. The court deferred ruling on the motion and provided the appell…
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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, 744, 87 S.Ct. 1397, 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. Whereupon, the public defender’s said motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.