Van Johnson v. State

District Court of Appeal of Florida

Van Johnson v. State

375 So. 2d 54, 1979 Fla. App. LEXIS 15814

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 1979

DocketNo. 79-808

StatusPublished

Cited by1 cases

This text of 375 So. 2d 54 (Van Johnson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Van Johnson v. State, 375 So. 2d 54, 1979 Fla. App. LEXIS 15814 (Fla. Ct. App. 1979).

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Opinion

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 (1967), 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 this appeal, and the appellant having failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that this appeal from an order of probation revocation and consequent judgment and sentence is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted. The order of revocation is modified by deleting the reference to the defendant’s failure to pay the costs of supervision. Jones v. State, 372 So.2d 1166 (Fla. 3d DCA 1979); Depson v. State, 363 So.2d 43 (Fla. 1st DCA 1978). The order, judgment and sentence, and sentence under review are otherwise entirely affirmed.

Affirmed as modified.

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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 (1967), 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 this appeal, and the appellant having failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that this appeal from an order of probation revocation and consequent judgment and sentence is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted. The order of revocation is modified by deleting the reference to the defendant’s failure to pay the costs of supervision. Jones v. State, 372 So.2d 1166 (Fla. 3d DCA 1979); Depson v. State, 363 So.2d 43 (Fla. 1st DCA 1978). The order, judgment and sentence, and sentence under review are otherwise entirely affirmed.

Affirmed as modified.

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375 So. 2d 54, 1979 Fla. App. LEXIS 15814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-johnson-v-state-fladistctapp-1979.

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