GREGORY G. HIGHTOWER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a lower court's judgment after finding the defendant's appeal to be frivolous. The court followed the Anders v. California procedure, allowing the defendant to file his own brief after his appointed counsel sought to withdraw.
Yes, the appeal is wholly frivolous. The court granted the public defender's motion to withdraw and denied the defendant's request for new counsel.
“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 statement, 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 ensure the defendant's rights were protected before allowing counsel to withdraw and deeming the appeal frivolous.
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Join FLexlaw to unlock all legal intelligenceThe public defender, appointed to represent the indigent defendant-appellant, filed a motion to withdraw, asserting the appeal was frivolous. The cour…
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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 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 statement, and on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. The appellant’s request for this court to appoint counsel for him is denied. See: State v. Weeks, Fla. 1964, 166 So.2d 892.
Whereupon, the public defender’s said motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Weeks, 166 So. 2d 892 (Fla. 1964)