LUIS JOHAN CARLOS PEYNADO-FATIOL
v.
OFFICE
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Luis Johan Carlos Peynado-Fatiol appeals his conviction for misdemeanor resisting an officer without violence. The appellate court conducted an independent Anders review and found no meritorious grounds for reversal, though it noted concern about a special probation condition regarding no early termination.
The conviction and sentence are affirmed. While the appellate court identified no meritorious basis for reversal, it expressed concern about the enforceability of the no early termination probation condition imposed without plea negotiation.
[1] An appellate court may conduct an independent review of the record and legal authority when an appellant fails to file a pro se brief after being afforded the opportunity…
[2] An appellate court may affirm a judgment and sentence even in the absence of a meritorious point supporting reversal, following an independent review.
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Join FLexlaw to unlock all legal intelligence“this Court's independent review of the record and pertinent legal authority, pursuant to Anders v [...] 738 (1967) and In re Anders Briefs, 581 So [...] 1991), reveals no meritorious point which might support reversal of the conviction and sentence.”
Establishes the court's holding that no grounds for reversal exist following the Anders review process.
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Join FLexlaw to unlock all legal intelligencePeynado-Fatiol was convicted of Resisting an Officer without Violence under Florida Statute section 843.02. His sentence included a special condition …
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Before MURPHY, CALDERON, and STROWBRIDGE, J.J.
Appellant, Luis Johan Carlos Peynado-Fatiol, appeals his judgment and sentence for the misdemeanor crime of Resisting an Officer without Violence, pursuant to Florida Statute section 843.02 (2014). Appellate counsel filed an Anders1 brief on June 21, 2018. On that same date, Appellate counsel filed a Motion to Withdraw. An Order Granting Motion to Withdraw and Affording Appellant an Opportunity to File a Pro Se Brief was entered on July 9, 2018, wherein Appellant was granted thirty days to file a pro se brief. However, to date, Appellant has not done so. The State did not file an answer brief. Nevertheless, this Court’s independent review of the record and pertinent legal authority, pursuant to Anders v. California, 386 U.S. 738 (1967) and In re Anders Briefs, 581 So. 2d 149
PER CURIAM.
DONE AND ORDERED in Chambers at Kissimmee, Osceola County, Florida, this
day of ____________, 2019.
____________________________ MICHAEL MURPHY Presiding Circuit Judge CALDERON and STROWBRIDGE, J.J., concur. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order was furnished on this _____ day of _________________, 2019, to the following: Luis Johan Carlos Peynado-Fatiol, 4880 W. Irlo Bronson Memorial Highway, Room# 247, Kissimmee, Florida 34746; John S. Zaleskie, Esq., Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fifth District, 101 Sunnytown Road, Suite 310, Casselberry, Florida 32707, or at [email protected]; and Carol Levin Reiss, Esq., Assistant State Attorney and Attorney for Appellee, Office of the State Attorney, 2 Courthouse Square, Suite 3500, Kissimmee, Florida 34741, [email protected].
Judicial Assistant
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Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)