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Brown v. State

Citations: 389 So. 2d 1; 1980 Fla. App. LEXIS 23736Docket: No. 77-2247

Court: District Court of Appeal of Florida; July 1, 1980; Florida; State Appellate Court

Narrative Opinion Summary

The court, following the procedures established in Anders v. California, has reviewed the appeal of an indigent defendant-appellant. After deferring a decision on the public defender's motion to withdraw, the court provided the appellant with the public defender's memorandum brief and allowed time for the appellant to present any supporting arguments for the appeal. The appellant did not respond. Upon thorough examination of the case, the court determined that the appeal is entirely frivolous. Consequently, the public defender's motion to withdraw as counsel is granted, and the lower court's order or judgment is affirmed.

Legal Issues Addressed

Affirmation of Lower Court's Decision

Application: Following the determination that the appeal was frivolous, the court affirmed the order or judgment of the lower court.

Reasoning: Consequently, the public defender's motion to withdraw as counsel is granted, and the lower court's order or judgment is affirmed.

Anders Procedure for Indigent Defendants

Application: The court applied the procedure established in Anders v. California to review the appeal of an indigent defendant, ensuring that the defendant had the opportunity to present any arguments after the public defender's motion to withdraw.

Reasoning: The court, following the procedures established in Anders v. California, has reviewed the appeal of an indigent defendant-appellant.

Withdrawal of Counsel in Frivolous Appeals

Application: Upon determining that the appeal was entirely frivolous, the court granted the public defender's motion to withdraw as counsel for the appellant.

Reasoning: Upon thorough examination of the case, the court determined that the appeal is entirely frivolous. Consequently, the public defender's motion to withdraw as counsel is granted.