GREGORY SEARS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gregory Sears appealed his conviction for armed robbery after pleading nolo contendere. The appellate court, following established procedure for frivolous appeals, determined the appeal lacked merit and affirmed the conviction.
The appeal is frivolous and wholly without merit. The judgment of conviction is affirmed.
[1] A defendant may withdraw a plea of not guilty and enter a plea of nolo contendere.
[2] A defendant has the right to appeal a judgment of conviction.
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Join FLexlaw to unlock all legal intelligence“we conclude that there is no merit to this appeal and it is wholly frivolous”
The court's ultimate determination regarding the frivolous nature of the appeal
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Join FLexlaw to unlock all legal intelligenceSears was charged with armed robbery on August 20, 1969. On September 8, 1969, he pleaded not guilty with counsel present. On October 30, 1969, he wit…
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In this case appellant Gregory Sears appeals to this Court from a judgment of conviction entered against him in the Court of Record in and for Manatee County.
Sears was informed against on August 20, 1969, for armed robbery. On September 8, 1969, attended by counsel, he waived arraignment and pleaded not guilty. On October 30, 1969, almost two months later, again represented by private counsel, he withdrew his previous plea of not guilty and pleaded nolo contendere to the offense charged. The case was then recessed until December 17, 1969, on which day, in open Court in the presence of his mother and also private counsel, he was adjudged guilty and sentenced to a term of imprisonment.
On January 15, 1970, Sears in his own proper person filed notice of appeal to this Court. At our direction, the local Public Defender’s office was appointed by the trial Court to represent Sears on this appeal.
Brief has been filed in this Court on behalf of Sears by the Public Defender wherein he says “this is a frivolous appeal”, and “requests the Court to enter an order dismissing him as attorney of record.” We have heretofore established a formula to be followed in handling such cases. Leone v. State, Fla.App.1970, 233 So.2d 404.
However, without waiting for a formal Leone order to be entered here, the Public Defender, on April 7, 1970, caused to be served upon Sears a copy of brief theretofore filed here on behalf of Sears, and procured return receipt.therefor signed by Sears. Certificate of such service by the Public Defender, together with said return receipt, was thereupon filed in this Court.
On April 30, 1970, order was entered by this Court giving Sears thirty days from that date within which, if he ,so desired, to file an additional brief “calling the Court’s attention to any matters that he feels should be considered in connection with the appeal in this cause”. No such additional brief has been filed or received by this Court, although copy of the April 30 order was duly served upon Sears.
We have therefore proceeded to give full examination to the entire record and proceedings herein, whereupon we conclude that there is no merit to this appeal and it is wholly frivolous.
The said motion of the Public Defender to withdraw is hereupon granted, and the judgment appealed from in this cause is hereby affirmed.
HOBSON, C. J., and McNULTY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 270 So. 2d 43 (Fla. 2d DCA 1972)…and he therefore requests that he be allowed to withdraw as counsel for appellant “on the grounds that this is a frivolous appeal”, citing Anders v. State of California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 and Sears v. State, Fla.App. 1970, 237 So. 2d 837. Thereafter, this Court, on July 26, 1972, entered order herein, reciting that copy of said brief had been served upon Thomas, and giving him 30 days from said date, if he so desired, to file an additional brief calling this Court’s attention to an…
Authorities Cited
- Leone v. State, 233 So. 2d 404 (Fla. 2d DCA 1970)