RAYMOND ADAMS, HOWARD PERRY JOHNSON, AND CLARENCE ALVIN WOOTEN, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1969-11-04
Nos. 69-295, 69-469
Before CHARLES CARROLL, BARK-DULL and HENDRY, JJ.
227 So. 2d 526 Florida District Court of Appeal, Third District (1969)

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Synopsis

The court affirmed the lower court's orders, granting the public defender's motion to withdraw as counsel for indigent defendants. The court found the appeal to be wholly frivolous after following the procedures outlined in Anders v. California.


Holding

Yes, the appeal is wholly frivolous. The court granted the public defender's motion to withdraw and affirmed the lower court's orders.


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 defendants-appellants, and having furnished appellants with copies of the public defender's memorandum brief, and having allowed the appellants a reasonable specified time within which to raise any points that they chose in support of their appeal”

Describes the procedural steps taken by the court to comply with Anders v. California before ruling on the motion to withdraw.

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Facts & Procedural History

Indigent defendants appealed their convictions. Their public defender moved to withdraw, asserting the appeal was frivolous. The court allowed the def…

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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 defendants-appellants, and having furnished appellants with copies of the public defender’s memorandum brief, and having allowed the appellants a reasonable specified time within which to raise any points that they chose in support of their appeal, and the appellant Adams having filed his response thereto, and the appellants Johnson and Wooten 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 orders or judgments appealed are hereby affirmed.


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