EARINE B. JACKSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1974-08-06
No. 74-523
Before BARKDULL, C. J., and PEARSON and HENDRY, JJ.
299 So. 2d 623 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having furnished appellant with a copy of the public defender’s memorandum brief, and having allowed the appellant a reasonable specified time within which to raise any points that he chose in support of his appeal, and the appellant having failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted, and the order or judgment appealed is hereby affirmed.


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Cited By

  • Phillips v. State, 313 So. 2d 428 (Fla. 3d DCA 1975)
    …ase (sic). I have personal knowledge of the matters raised in his motion [*429] for appeal and deem them to be without merit.” Although Phillips took a direct appeal to this court from the judgment and sentence (See Phillips v. State, Fla.App.1974, 299 So. 2d 623), he failed to raise either of the points presented in his pro se motion. Since the claims advanced should have been raised on direct appeal, at this juncture they must fail. Matters known at the time of trial are not appropriate for collateral atta…

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