DEOTIES MILLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed a lower court's order after the public defender, appointed to represent an indigent appellant, moved to withdraw, arguing the appeal was frivolous. The appellant failed to respond to the court's invitation to raise additional points, leading the court to grant the withdrawal motion and affirm the judgment.
Yes, the public defender's motion to withdraw is granted, and the lower court's order is affirmed because the appeal is wholly frivolous.
“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, [*738] 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, appointed to represent an indigent appellant, filed a motion to withdraw, asserting the appeal was frivolous. The court deferred …
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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, *73818 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.