ROBERTO COLON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-10-24
No. 73-655
Before BARKDULL, C. J., and PEARSON and CHARLES CARROLL, JJ.
284 So. 2d 405 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 17 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 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 that the appeal is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted and the order or judgment appealed is hereby affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (17 total)

  • Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
    …tried and determined upon the merits generally as upon [*526] appeal at law or Amt of error.” Id. This explanation, stated another way, importantly emphasizes that certiorari should not be used to grant a second appeal.3 Id.; Kennington v. Gillman, 284 So. 2d 405, 406 (Fla. 1st DCA 1973).4 In Jacksonville, T. & K.W. Railway Co. v. Boy, 34 Fla. 389, 393, 16 So. 290, 291 (1894), we reviewed a circuit court decision affirming a county court judgment, and, while repeating certain language from Basnet, we also s…
  • Farren Ivey v. Allstate Ins. Co., 774 So. 2d 679 (Fla. 2000)
    …departure from the essential requirements of law). As further explained by Judge Altenbernd: It is well-established that certiorari should not be used as a vehicle for a second appeal in a typical case tried in county court. Kennington v. Gillman, 284 So. 2d 405 (Fla. 1st DCA 1973). When issuing this writ, district courts are guided by the bookend discussions in Combs v. State, 436 So. 2d 93 (Fla.1983), and Haines City Community Development v. Heggs, 658 So. 2d 523 (Fla.1995). In essence, the supreme court…
  • Stilson v. Allstate Ins. Co., 692 So. 2d 979 (Fla. 2d DCA 1997)
    …should not have affirmed on direct appeal. II. THE LIMITED STANDARD OF REVIEW IN CERTIORARI It is well-established that certiorari should not be used as a vehicle for a second appeal in a typical case tried in county court. Kennington v. Gillman, 284 So. 2d 405 (Fla. 1st DCA 1973). When issuing this writ, district courts are guided by the bookend discussions in Combs v. State, 436 So. 2d 93 (Fla.1983), and Haines City Community Development v. Heggs, 658 So. 2d 523 (Fla.1995). In essence, the supreme court…

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