ARTHUR LOVETT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed a lower court's order after determining that the defendant's appeal was wholly frivolous, following the procedure outlined in Anders v. California for appointed counsel seeking to withdraw from an appeal.
Yes, the appeal is wholly frivolous, the public defender's motion to withdraw is granted, and the order or judgment appealed 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 filed his response 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 to evaluate the appeal and the public defender's motion to withdraw.
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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 deferred ruling, …
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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 having filed his response thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. Whereupon, the public defender’s motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.
Affirmed.
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