THOMAS L. BREAMFIELD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a lower court's order after determining the defendant's appeal was wholly frivolous, following the procedure outlined in Anders v. California for appointed counsel seeking to withdraw.
Yes, the appeal is wholly frivolous, the public defender's motion to withdraw is granted, 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, 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 filed a memorandum brief in support of his position, and 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 to review the appeal and the ultimate conclusion that it was frivolous.
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Join FLexlaw to unlock all legal intelligenceThe public defender moved to withdraw as counsel for the indigent defendant-appellant, asserting the appeal was frivolous. The court granted the appel…
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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 *749L.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 filed a memorandum brief in support of his position, and 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. Dunbar v. State, Fla.App.1968, 214 So.2d 52, affirmed as modified, Fla., 220 So.2d 366; Belton v. State, Fla.1968, 217 So.2d 97; State v. Youngblood, Fla.1968, 217 So.2d 98.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Belton v. State, 217 So. 2d 97 (Fla. 1968)
- State v. Youngblood, 217 So. 2d 98 (Fla. 1968)
- Dunbar v. State, 214 So. 2d 52 (Fla. 2d DCA 1968)
- Dunbar v. State, 220 So. 2d 366 (Fla. 1969)