ROBERT BROOKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This case involves an indigent defendant's appeal where his public defender 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. The court found the appeal frivolous and affirmed the lower court's decision.
Yes, the appeal is wholly frivolous. The court granted the public defender's motion to withdraw and affirmed the order or judgment appealed.
“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.”
Establishes the procedural steps taken by the court and the basis for its conclusion that the appeal is frivolous.
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Join FLexlaw to unlock all legal intelligenceThe public defender moved to withdraw as counsel for the indigent defendant-appellant, arguing the appeal was frivolous. The court provided the defend…
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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 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.