ANGEL MANUEL RODRIGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a lower court's order after the public defender, appointed to represent the indigent defendant, moved to withdraw, asserting the appeal was frivolous. The court followed the Anders v. California procedure, allowing the defendant time to respond, which he failed to do, leading to the affirmation.
Yes, the appeal is frivolous, and the lower court's order is affirmed.
“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. 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.”
This quote outlines the procedural steps taken by the court, mirroring the Anders v. California requirements, and the defendant's failure to respond, leading to the court's conclusion.
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Join FLexlaw to unlock all legal intelligenceThe public defender, appointed to represent an indigent defendant on appeal, filed a motion to withdraw, stating the appeal was frivolous. The court f…
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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. 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 *192having 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.