GARNELL STATON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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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, 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 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 examination of the proceedings we conclude the appeal is wholly frivolous, Crum v. State, Fla.App.1965, 172 So.2d 24; Stewart v. State, Fla.App.1969, 221 So.2d 155; Thomas v. State, Fla.App. 1969, 223 So.2d 118; Tafero v. State, Fla. App.1969, 223 So.2d 564. Whereupon, the public defender’s said motion to withdraw is granted and the order or judgment is hereby affirmed.
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Citator
Cited By
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Kloski v. Matecumbe Marina, Inc., 598 So. 2d 275 (Fla. 3d DCA 1992)…mandamus lies to require an administrative tribunal to rule one way or the other where it has discretion, the reviewing court may not instruct the tribunal, by mandamus, how to rule. Hunter v. Solomon, 75 So. 2d 803, 806 (Fla.1954); Reese v. Baron, 256 So. 2d 70, 72 (Fla. 3d DCA 1971).1 Reversed and remanded for further consistent proceedings. . We do not pass on the merits of the respondent’s final development plan, nor do we reach the second point raised by the petitioners — that the respondent failed t…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Crum v. State, 172 So. 2d 24 (Fla. 3d DCA 1965)
- Tafero v. State, 223 So. 2d 564 (Fla. 3d DCA 1969)
- Grover Cleveland Stewart v. State, 221 So. 2d 155 (Fla. 3d DCA 1969)
- Thomas v. State, 223 So. 2d 118 (Fla. 1st DCA 1969)