Rodriguez v. State, 79-1880
| Decision Date | 12 November 1980 |
| Docket Number | No. 79-1880,79-1880 |
| Parties | Rolando RODRIGUEZ, a/k/a Roberto Torres, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
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, --- So.2d ---- (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.
To continue reading
Request your trial
-
Williams v. State
...exceeds one year is unlawful as a condition of probation. See also Gonzalez v. State, 392 So.2d 334 (Fla.3d DCA 1981); Rodriguez v. State, 390 So.2d 143 (Fla.3d DCA 1980). Affirmed in part, reversed in part and remanded for ON MOTION FOR REHEARING PER CURIAM. Counsel for appellant having fi......
-
Gonzalez v. State, 79-268
...probation and remand for resentencing in accordance with Villery v. Florida Parole & Probation Commission, supra. See Rodriguez v. State, 390 So.2d 143 (Fla. 3d DCA 1980). Affirmed in part; reversed in 1 Even before Villery, we held that a prison sentence not reasonably related to the purpo......
-
Spencer v. State, 80-1237
...which equals or exceeds one year is invalid. Accord, Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981); Rodriguez v. State, 390 So.2d 143 (Fla. 3d DCA 1980). Accordingly, we reverse the six year term of imprisonment imposed as a condition of probation and remand for resentencing in accord......
-
Graham v. State, 79-686
...(Fla.1980) (Case No. 57,935, opinion filed October 30, 1980); see Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981); Rodriguez v. State, 390 So.2d 143 (Fla. 3d DCA 1980). Affirmed in part; reversed in part and ...