Settle v. State

Full title: WILLIE SETTLE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Oct 30, 1970

240 So. 2d 328 (Fla. Dist. Ct. App. 1970)

Opinion

No. 70-194.

October 30, 1970.

Appeal from the Criminal Court of Record for Hillsborough County; Walter N. Burnside, Jr., Judge.

Robert W. Rawlins, Public Defender, and Don C. Kilgore, Asst. Public Defender, Tampa, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

This is the second time this case has been before this court on the same assignment of error. Settle v. State, Fla.App. 1969, 223 So.2d 385. In this appeal the public defender has filed an "Anders" brief,¹ and asks permission to withdraw as counsel. We see no reason for the procedure set out in Leone v. State² to be followed. Therefore, the order appealed from is affirmed and the public defender's motion to withdraw is granted.

1 See Anders v. California (1967), 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493.

2 Fla.App. 1970, 233 So.2d 404.

Affirmed.

HOBSON, C.J., and LILES and McNULTY, JJ., concur.