From Casetext: Smarter Legal Research

Smeltz v. State

District Court of Appeal of Florida, Fifth District
Apr 8, 1981
396 So. 2d 811 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-806.

April 8, 1981.

Appeal from Circuit Court, Orange County; Richard B. Keating, Judge.

James B. Gibson, Public Defender, and Ronald K. Zimmet, Chief Appellate Division, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal from an order revoking appellant's probation and sentencing him to two years imprisonment. The Public Defender has filed an Anders motion and brief, requesting leave to withdraw as counsel for appellant and representing to this court that no reversible error appears. On October 21, 1980, this court gave appellant thirty (30) days within which to file a brief in his own behalf. No such brief has been filed.

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

The court has reviewed counsel's brief and the record herein and no reversible error appears. The order of the trial court is modified by deleting any reference to appellant's failure to pay the costs of supervision. Van Johnson v. State, 375 So.2d 54 (Fla. 3d DCA 1979). See Depson v. State, 363 So.2d 43 (Fla. 1st DCA 1978). The order is otherwise affirmed and the motion of the Public Defender to withdraw granted.

FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur.


Summaries of

Smeltz v. State

District Court of Appeal of Florida, Fifth District
Apr 8, 1981
396 So. 2d 811 (Fla. Dist. Ct. App. 1981)
Case details for

Smeltz v. State

Case Details

Full title:RANDY LEE SMELTZ A/K/A TIM GREER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 8, 1981

Citations

396 So. 2d 811 (Fla. Dist. Ct. App. 1981)

Citing Cases

Boyink v. State

However, in view of the clear violations which were not defensible, the order of revocation is affirmed but…