JAMES H. STEPHENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1973-04-13
No. 72-493
LILES, Acting C. J., and McNULTY and BOARDMAN, JJ., concur.
276 So. 2d 55 Florida District Court of Appeal, Second District (1973)

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Holding

The court held that there was nothing in the record to justify a reversal of the judgment and sentence.


Facts & Procedural History

Appellant pleaded guilty to auto theft and was sentenced to five years in prison. His court-appointed counsel filed a notice of appeal. The public def…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, James H. Stephens, entered a plea of guilty to the charge of auto theft. He was represented in the trial court by court-appointed counsel and sentenced to serve a term of five years in the state penitentiary.

Subsequently, notice of .appeal was filed to review the judgment and sentence. A brief on behalf of appellant was filed in this court by the public defender.

After reviewing the facts contained in the record the public defender states in his brief that he “ . . . can find nothing which would arguably support an appeal.” Whereupon, he requested to be relieved as attorney of record for appellant under the rationale of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493. The record shows that the public defender has served a copy of said brief upon James H. Stephens, and, subsequent thereto, James H. Stephens filed here a brief pro se.

We have carefully examined the entire record on file here on behalf of appellant, including his own pro se brief of March 6, 1973, and find nothing therein sufficient to justify a reversal of the judgment and sentence. Accordingly, the judgment and sentence appealed is hereby

Affirmed.

LILES, Acting C. J., and McNULTY and BOARDMAN, JJ., concur.


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