Leone v. State, 69--194
| Decision Date | 25 March 1970 |
| Docket Number | No. 69--194,69--194 |
| Citation | 233 So.2d 404 |
| Parties | John J. LEONE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Walter R. Talley, Public Defender, and D. Turner Matthews, Asst. Public Defender, Bradenton, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for appellee.
Whereas, appellant John J. Leone was, on October 31, 1966, informed against in the Lee County Circuit Court for escape from lawful custody while serving a sentence pursuant to a previous conviction for a criminal offense, to which information the said Leone in open Court on February 6, 1967, attended by his appointed counsel, the Assistant Public Defender of said Court, waived arraignment and entered a plea of guilty to said offense of escape so charged, and was thereupon sentenced to a term of one year imprisonment in the State Prison, and
Whereas, on March 18, 1969, the said Leone filed in the trial Court his motion to vacate and set aside said sentence on the sole ground that the statute making escape from lawful custody a criminal offense, F.S. § 944.40, F.S.A., was unconstitutional, and
Whereas, on March 20, 1969, said motion to vacate aforesaid was denied by the trial Court, pursuant to which said Leone, on April 2, 1969, filed his notice of appeal to this Court from said order, and Whereas, this is Leone's first appeal in said conviction case, and
Whereas, the local Public Defender, duly appointed by the trial Court to represent Leone on this appeal, has filed brief in this Court wherein he disagrees with Leone as to the validity of said statute and states that 'there is nothing in the record which might arguably support the appeal, and * * * therefore respectfully submits that this is a frivolous appeal and asks to withdraw as Attorney of Record in this matter', citing Anders v. State of California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, and
Whereas, Anders prescribes a suggested procedural formula in such situation, which we herewith endeavor to follow in principle;
Now therefore, it is ordered that said Public Defender furnish to appellant Leone at his present place of imprisonment, by certified, return-receipt mail, a copy of his said brief, and thereupon file in this Court a certificate of service of said copy upon Leone and Leone's acceptance thereof, showing the date of such delivery to Leone, and
It is further ordered that Leone...
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Hooks v. State, 41476
...Supra, have been applied by the District Court of Appeal. Schuler v. State, 229 So.2d 667 (Fla.App.1st, 1969); Leone v. State, 233 So.2d 404 (Fla.App.2d, 1970); Daniels v. State, 233 So.2d 405 (Fla.App.2d, Under our appellate procedure the District Court of Appeal grants a full appeal and c......
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Stacy v. State, 69--298
...said order in which to file his brief or bring to this court's attention any matter he wished this court to consider. See Leone v. State, Fla.App.1970, 233 So.2d 404; Daniels v. State, Fla.App.1970, 233 So.2d Appellant's attorney has certified to this court that a copy of the brief has been......
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Branam v. State, 71--595
...Public Defender on this appeal. The Public Defender filed an 'Anders' type brief and this court, pursuant to its order in Leone v. State, Fla.App.1970, 233 So.2d 404, allowed appellant to file in pro. per. any additional material he desired. Appellant questions the introduction of photograp......
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Prater v. State, 70-387
...Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Lakeland, for appellee. PER CURIAM. Affirmed on the authority of Leone v. State, Fla.App.1970, 233 So.2d 404; Daniels v. State, Fla.App.1970, 233 So.2d 405; and Stacy v. State, Fla.App.1970, 237 So.2d LILES, Acting C.J., and MANN and M......