MELVIN MCKENZIE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1971-05-11
No. 70-1271
Before PEARSON, C. J„ and CHARLES CARROLL and SWANN, JJ.
247 So. 2d 771 Florida District Court of Appeal, Third District (1971) Positive Treatment
Cited by 2 cases


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 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 ex-animation 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 appealed is hereby affirmed.


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Cited By

  • C. A. W. v. State, 295 So. 2d 329 (Fla. 1st DCA 1974)
    …rror, was prejudicial. We find that the exclusion was error, and therefore reverse. The reason behind the rule requiring exchange of witness lists incident to discovery is to prevent prejudicial surprise. (See Stewart v. State, Fla.App. (3rd) 1971, 247 So. 2d 771; Richardson v. State, Sup.Ct.Fla.1971, 246 So. 2d 771; Williams v. State, Fla.App. (4th) 1972, 264 So. 2d 106, [*331] certiorari denied 268 So. 2d 162; Buttler v. State, Fla.App. (3rd) 1970, 238 So. 2d 313 and Bell v. State, Fla.App. (2d) 1974, 287…

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