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Rodriguez v. State

District Court of Appeal of Florida, Third District
Nov 12, 1980
390 So. 2d 143 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-1880.

November 12, 1980.

Appeal from Circuit Court, Dade County; Richard S. Fuller, Judge.

Rolando Rodriguez, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before BARKDULL, HENDRY and SCHWARTZ, JJ.


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, with respect to the merits, the appeal is wholly frivolous. The imposition of a three year term in prison as a condition of ten years probation in Case No. 72-5858 is reversed and that case only is remanded for resentencing on the authority of Villery v. Florida Parole Probation Commission (Fla. 1980) and Cunningham v. State, 385 So.2d 721 (Fla.3d DCA 1980). The public defender's said motion to withdraw is granted and the orders and judgments appealed are otherwise hereby affirmed.

Affirmed in part, reversed in part.


Summaries of

Rodriguez v. State

District Court of Appeal of Florida, Third District
Nov 12, 1980
390 So. 2d 143 (Fla. Dist. Ct. App. 1980)
Case details for

Rodriguez v. State

Case Details

Full title:ROLANDO RODRIGUEZ, A/K/A ROBERTO TORRES, APPELLANT, v. THE STATE OF…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 12, 1980

Citations

390 So. 2d 143 (Fla. Dist. Ct. App. 1980)

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