Narrative Opinion Summary
Raymond Charles Everhart was convicted by a jury for possession of cocaine in an amount less than one gram, resulting in a two-year confinement sentence in State jail. His court-appointed counsel filed a motion to withdraw, asserting that the appeal is wholly frivolous, supported by an Anders brief that complied with legal standards by evaluating the record and identifying no arguable grounds for appeal. Counsel provided Everhart a copy of the brief and informed him of his right to examine the appellate record and file a pro se brief, but he did not submit any such brief within the 30-day period. After reviewing the record and the counsel's brief, the court found no reversible error and affirmed the trial court's judgment. Counsel's motion to withdraw was granted, and the opinion was issued per curiam by a panel consisting of Chief Justice Radack and Justices Keyes and Hanks, with a note that it should not be published.
Legal Issues Addressed
Affirmation of Trial Court Judgmentsubscribe to see similar legal issues
Application: Upon finding no reversible error after reviewing the record and counsel's brief, the appellate court affirms the lower court's judgment.
Reasoning: After reviewing the record and the counsel's brief, the court found no reversible error and affirmed the trial court's judgment.
Issuance of Per Curiam Opinionsubscribe to see similar legal issues
Application: The appellate court issues a per curiam opinion when the decision is made collectively by the judges without a designated author.
Reasoning: Counsel's motion to withdraw was granted, and the opinion was issued per curiam by a panel consisting of Chief Justice Radack and Justices Keyes and Hanks, with a note that it should not be published.
Right to File Pro Se Briefsubscribe to see similar legal issues
Application: The appellant is informed of their right to file a pro se brief upon receiving an Anders brief, though failure to do so does not impact the court's review.
Reasoning: Counsel provided Everhart a copy of the brief and informed him of his right to examine the appellate record and file a pro se brief, but he did not submit any such brief within the 30-day period.
Withdrawal of Counsel under Anders Proceduresubscribe to see similar legal issues
Application: The court evaluates the validity of a counsel's motion to withdraw by assessing the Anders brief to determine if the appeal is frivolous.
Reasoning: His court-appointed counsel filed a motion to withdraw, asserting that the appeal is wholly frivolous, supported by an Anders brief that complied with legal standards by evaluating the record and identifying no arguable grounds for appeal.