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Birkins v. State

District Court of Appeal of Florida, Second District
Jun 7, 1974
295 So. 2d 310 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-278.

June 7, 1974.

Appeal from Circuit Court, Hillsborough County; Herboth S. Ryder, Judge.

James A. Gardner, Public Defender, and Robert B. Persons, Jr., Asst. Public Defender, Sarasota, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee.


An appeal was timely filed on behalf of the appellant by the public defender. After reviewing the facts contained in the record, the public defender states in his brief that he concludes the appellant lacks meritorious grounds for appeal. Consequently the public defender seeks to be relieved as attorney of record for appellant under the rationale of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493. The appellant was advised of the public defender's position and given an opportunity to file a brief on his own behalf. He has not responded.

We have carefully examined the entire record on file and find nothing therein to justify a reversal. We do note that the appellant was found guilty by the jury of assault with intent to commit a felony, to wit: robbery, yet the judgment entered by the trial judge reflects a finding of guilty of the crime of robbery. Accordingly, we direct that the trial judge enter an amended judgment setting forth the crime of which the jury found the appellant guilty.

In all other respects the judgment of the trial court is

Affirmed.

HOBSON, A.C.J., and McNULTY and BOARDMAN, JJ., concur.


Summaries of

Birkins v. State

District Court of Appeal of Florida, Second District
Jun 7, 1974
295 So. 2d 310 (Fla. Dist. Ct. App. 1974)
Case details for

Birkins v. State

Case Details

Full title:FLEMMIE BIRKINS, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 7, 1974

Citations

295 So. 2d 310 (Fla. Dist. Ct. App. 1974)