WILLIAM MILLEDGE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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William Milledge appealed his criminal conviction, claiming that certain photographs admitted at trial were prejudicial and served only to inflame the jury. The Florida District Court of Appeal, applying the Anders procedure, examined the record and rejected his argument, finding the photographs admissible and not prejudicial to his defense.
The admission of the photographs was proper under the rules of evidence and was not prejudicial to the defendant. The photographs did not prejudice the defendant's accidental discharge defense.
[1] An appellate court may grant a public defender's motion to withdraw and affirm a judgment when the appeal is wholly frivolous after providing the defendant an opportunity…
[2] Photographs admitted under the rules of evidence are not considered prejudicial if they serve a legal or logical purpose and do not inflame the minds of the jury.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the appellant urges that the admission of certain photographs was prejudicial in that they served no legal or logical purpose other than to inflame the minds of the jury”
Establishes the defendant's primary argument on appeal regarding the photographs.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMilledge was convicted of a crime involving the discharge of a death weapon. His only defense at trial was that the weapon discharged accidentally. Th…
The full statement of facts, procedural history, and disposition for this case are member content.
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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-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, the appellant filed his response thereto. We have thereupon examined the brief filed by the public defender, the response of the appellant and the record filed in this cause. It appears therefrom that the appellant agrees with the statement of the facts as set forth in the memorandum brief of the public defender, but takes issue with the memorandum brief in that he urges that the admission of certain photographs was prejudicial in that they served no legal or logical purpose other than to inflame the minds of the jury. It appears from an examination of the record that the photographs were admitted under the rules of evidence and that they were not prejudicial to the appellant. Appellant’s only defense was a claimed accidental discharge of the death weapon. The admission of the photographs cannot be said to have prejudiced this defense.
Therefore, on consideration of the record and upon full examination of the pro*907ceedings, we conclude that the appeal is wholly frivolous. Appellant’s petition for the appointment of additional counsel is denied; the public defender’s motion to withdraw is granted and the judgment appealed is hereby affirmed.