JOHN STEPHEN WILLARD, SR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the conviction, finding the appeal frivolous because the defendant was represented by private counsel and failed to timely raise a surprise objection at trial.
An appeal is frivolous when the defendant was represented by private counsel and failed to timely raise a charge of surprise in the trial court.
[1] A defendant who was represented by privately retained counsel at trial cannot raise a charge of surprise on appeal if the objection was not timely raised in the trial cou…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJohn Stephen Willard, Sr. was convicted and appealed. He was represented by privately retained counsel at trial.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Timely Objection cases and more on FLexlaw
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, following receipt of which and a review of the record it appears that his points are not well taken, in that: (1) he was represented by privately retained counsel, and (2) he failed to timely raise the charge of surprise in the trial court. Reed v. State, 94 Fla. 32, 113 So. 630; Kovner v. Wainwright, Fla. 1962, 149 So.2d 550; Amaral v. State, Fla.App. 1965, 171 So.2d 549; Coyner v. State, Fla.App. 1965, 177 So.2d 715; Ford v. State, Fla. App. 1968, 210 So.2d 33. Accord. Seaboard Air Line Railroad Company v. Cain, Fla. App.1965, 175 So.2d 561. 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Davenport v. State, 94 Fla. 32 (Fla. 1927)
- Coyner v. State, 177 So. 2d 715 (Fla. 3d DCA 1965)
- Ford v. State, 210 So. 2d 33 (Fla. 2d DCA 1968)
- Amaral v. State, 171 So. 2d 549 (Fla. 3d DCA 1965)
- Seaboard AIR Line R.R. Co. v. Cain, 175 So. 2d 561 (Fla. 3d DCA 1965)
- Kovner v. Louie L. Wainwright, 149 So. 2d 550 (Fla. 1962)