PASCUAL JIMENEZ
v.
STATE OF FLORIDA
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Appointed counsel may withdraw from an appeal of a postconviction relief denial by motion rather than Anders briefing when no issues of arguable merit exist.
[1] In an appeal from the denial of a postconviction relief motion, appointed counsel may withdraw by motion rather than Anders briefing when no issues of arguable merit exis…
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Join FLexlaw to unlock all legal intelligence“The filing of such a motion rather than the Anders briefing process is the proper procedure within appeals from the denial of postconviction motions.”
Court's explanation of the proper procedural mechanism for counsel withdrawal in postconviction appeals
Pascual Jimenez appealed the denial of a postconviction relief motion following an evidentiary hearing in a criminal case. Appointed counsel moved to …
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2025-0233 Lower Tribunal No. 2017-CF-015661 _____________________________
PASCUAL JIMENEZ, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________
Appeal from the Circuit Court for Orange County. Amy J. Carter, Judge. September 26, 2025
ON MOTION TO WITHDRAW
In this appeal from the denial of a motion for postconviction relief following an evidentiary hearing, appointed counsel has moved to withdraw on the basis of having found no issues of arguable merit on this appellate record. The filing of such a motion rather than the Anders briefing process is the proper procedure within appeals from the denial of postconviction motions. See Hunter v. State, 315 So. 3d 139 (Fla. 5th DCA 2021). Accordingly, the motion to withdraw is granted. Within ten days from the date of this order, counsel shall forward a copy of the record on
2 appeal to Appellant with certification of such to this Court. Appellant shall serve a pro se initial brief, including a certificate of service showing service on the Office of the Attorney General, within sixty days from the date of this order, failing which the appeal may be dismissed without further notice.
GRANTED.
STARGEL, NARDELLA and SMITH, JJ., concur.
Blair Allen, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.
Pascual Jimenez, Cross City, pro se.
No Appearance for Appellee.