JOHNNIE TISDALE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1969-06-03
No. 69-83
Before PEARSON, BARKDULL and HENDRY, JJ.
223 So. 2d 391 Florida District Court of Appeal, Third District (1969) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida District Court of Appeal affirmed a judgment after the public defender moved to withdraw as counsel for the indigent appellant, finding the appeal to be wholly frivolous after the appellant failed to respond to a notice to raise points in support of his appeal.

Holding

Yes, the appeal is wholly frivolous, and the public defender's motion to withdraw is granted, with the order of judgment affirmed.

Key Quotes

“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 and the appellant's failure to respond, leading to the conclusion that the appeal is frivolous.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence
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…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Topics
Frivolous Appeal

Explore caselaw by topic → Browse Frivolous Appeal cases and more on FLexlaw

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. 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. Whereupon, the public defender’s said motion to withdraw is granted, and the order of judgment appealed is hereby affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Collins v. State, 230 So. 2d 711 (Fla. 4th DCA 1970)
    …exercise the prerogative of treating the present appeal as an original petition for writ of habeas corpus, in order to afford appellant-petitioner Robert Collins delayed appellate review. Baggett v. Wainwright, supra; Thomas v. State, Fla.App. 1969, 223 So. 2d 391. In 1963 Robert Collins was indicted for first degree murder. Represented by court appointed counsel, Collins was tried and convicted and upon recommendation of mercy was sentenced to life imprisonment. The judgment and sentence were both entered M…
  • Robinson v. State, 256 So. 2d 29 (Fla. 3d DCA 1971)
    …ed by a trial judge and his ruling thereon will not be disturbed unless an abuse of discretion is demonstrated on the record. Acree v. State, 153 Fla. 561, 15 So. 2d 262; Matera v. State, Fla. App.1969, 218 So. 2d 180; Thomas v. State, Fla.App.1969, 223 So. 2d 391; Berriel v. State, Fla.App.1970, 233 So. 2d 163. It is readily apparent from the record in the instant case that the appellant, by her own actions, contributed to the change of counsel prior to trial in this cause. The public defender’s office was o…
  • Robinson v. State, 257 So. 2d 563 (Fla. 1st DCA 1972)
    …PER CURIAM. Affirmed. See Thomas v. State, 223 So. 2d 391 (1 Fla. DCA 1969) ; and Baker v. State, 241 So. 2d 683 (Fla.1970). SPECTOR, C. J., and RAWLS and JOHNSON, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw