Opinion
No. BK-168.
August 11, 1986.
An Appeal from the Circuit Court for Escambia County; Joseph Q. Tarbuck, Judge.
Michael E. Allen, Public Defender, and Kenneth L. Hosford, Sp. Asst. Public Defender, Tallahassee, for appellant.
Jim Smith, Atty. Gen., and Kurt L. Barch, Asst. Atty. Gen., Tallahassee, for appellee.
This is an appeal from a conviction and sentence for burglary of a conveyance and theft of a firearm. Appellant's attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), representing to the Court that, in his professional judgment, no reversible error appears and that he cannot in good conscience present an argument in support of the defendant's appeal. Accordingly, appellant was permitted to file a pro se brief in which he asserts that the evidence was insufficient to support the verdict. We disagree and find the evidence sufficient. From our review of the record, we can discern no other arguable issue.
AFFIRMED.
WIGGINTON, and NIMMONS, JJ., concur.
MILLS, J., dissents with written opinion.
I must dissent. In my opinion the evidence was insufficient to establish the requisite intent to uphold appellant's conviction. See Cox v. State, 394 So.2d 237 (Fla. 1st DCA 1981); State v. Dunmann, 427 So.2d 166 (Fla. 1983); Horton v. State, 442 So.2d 1064 (Fla. 1st DCA 1983).