Witteck v. State., 70-27

• Decision Date: 25 August 1970
• Docket Number: No. 70-27,70-27
• Parties: Robert James WITTECK, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 449

238 So.2d 449

Robert James WITTECK, Appellant, v. STATE of Florida, Appellee.

No. 70-27.

District Court of Appeal of Florida, Third District.

Aug. 25, 1970.

Appeal from Criminal Court of Record for Dade County; Paul Baker, Judge.

Robert James Witteck, in pro. per.

Earl Faircloth, Atty.Gen., for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ.

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, 744, 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, 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.