DANIEL PEYTON WELLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Reservation Of Right To Appeal cases and more on FLexlaw
COWART, Judge.
The Public Defender has filed an Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), motion and brief representing to this court that no reversible error appears and requesting leave to withdraw as counsel for appellant. This court gave appellant thirty days within which to file a brief in his own behalf. None was filed. We have reviewed counsel’s brief and examined the record and find the appeal is without merit. Appellant entered a negotiated plea of nolo contendere with no reservation of any right of appeal; then, without any effort to withdraw his plea, he promptly filed this appeal. He cannot appeal under these circumstances. § 924.06(3), Fla. Stat. (1979); Fla.R.App.P. 9.140(b); Robinson v. State, 373 So. 2d 898 (Fla.1979); Cassiani v. State, 384 So. 2d 47 (Fla. 1st DCA 1980); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979).
The Public Defender’s motion to withdraw is granted and the appeal is DISMISSED.
COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)
- McCARTY v. State, 384 So. 2d 47 (Fla. 1st DCA 1980)
- Cassiani v. State, 384 So. 2d 47 (Fla. 1st DCA 1980)