PAUL HOLLIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Paul Hollis appealed his criminal conviction, and the public defender moved to withdraw under Anders v. California, arguing the appeal was frivolous. The court affirmed the judgment and sentence, finding the appeal wholly frivolous and granting the public defender's motion to withdraw.
The court held that the appeal was wholly frivolous and granted the public defender's motion to withdraw, affirming the judgment and sentence of May 17, 1971.
[1] A public defender may withdraw as counsel for an appellant if the appeal is wholly frivolous and the appellant has been notified and given an opportunity to present his o…
[2] When correspondence to an appellant is returned as undeliverable due to release from custody and unknown whereabouts, the court may proceed with the appeal based on the r…
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Join FLexlaw to unlock all legal intelligence“This court, in accordance with Anders, supra, withheld ruling on the motion to withdraw and mailed a copy of the motion and memorandum brief to the appellant, Paul Hollis, and granted him thirty days from August 2, 1971 in which to file a statement of points as grounds for support of his appeal.”
Establishes the procedure the court followed under Anders to give the defendant notice and opportunity to respond before withdrawal of counsel could be granted.
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Join FLexlaw to unlock all legal intelligencePaul Hollis was convicted and sentenced on May 17, 1971. A notice of appeal was filed on May 21, 1971. The public defender moved to withdraw as counse…
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A notice of appeal was filed on behalf of the defendant, Paul Hollis, by the public defender of the Eleventh Judicial Circuit of Florida, on May 21, 1971. The public defender thereafter filed a motion to withdraw as counsel for appellant, Paul Hollis, under the authority of Anders v. State of California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and State v. Herzig, 208 So.2d 619 (Fla. 1968), together with his memorandum brief.
This court, in accordance with Anders, supra, withheld ruling on the motion to withdraw and mailed a copy of the motion and memorandum brief to the appellant, Paul Hollis, and granted him thirty days from August 2, 1971 in which to file a statement of points as grounds for support of his appeal. A copy of the order was mailed to appellant, the public defender and the attorney general. The correspondence forwarded to appellant, Paul Hollis, *43via the various prison authorities has been returned to the court.
On September 8, 1971, a similar order and procedure was followed and copies of the motion, order, and memorandum brief were mailed to the appellant, the public defender and the attorney general.
On or about September 27, 1971, correspondence from the court was returned with information from the Florida Division of Corrections that appellant, Paul Hollis, had been released from custody and that they did not know of his present whereabouts.
The court has received no correspondence or inquiries from the appellant concerning his appeal since the notice of appeal was filed on May 21, 1971.
Notwithstanding this, the court has considered the memorandum brief filed on behalf of the appellant by the public defender and has determined, upon full examination of the record and proceedings, that the appeal is wholly frivolous whereupon the public defender’s motion to withdraw is granted and the judgment and sentence of May 17, 1971 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. Herzig, 208 So. 2d 619 (Fla. 1968)