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956 So. 2d 494

Docket No. 1D06-1414.

Smith v. State

Shannon SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 16, 2007.

Rehearing Denied May 31, 2007.

District Court of Appeal of Florida · decided 2007-04-16

Cited by 3 later decisions — most recently August 2014

3 state decisions

Relies on Anders v. California · 714 So. 2d 1124 - Mayolo v. State · 795 So. 2d 1009 - Medrano v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-04-16

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¶1*495 Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

¶2Bill McCollum, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Shannon Smith appeals the circuit court's order denying his 3.850 motion for post-conviction relief. We affirm on the merits and write only to address the procedure used in this case, whereby appointed counsel filed a brief pursuant to Anders v. California,386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). As our sister court has noted, no Sixth Amendment right to counsel exists in appeals of orders denying post-conviction relief. See Mayolo v. State,714 So.2d 1124, 1124 (Fla. 4th DCA 1998). Accordingly, neither the court nor appellate counsel in postconviction matters is bound by the procedure set forth in Anders. Id. The Fourth District has now determined that it will strike Anders briefs filed in appeals of orders denying post-conviction relief and will not conduct the intensive review required by Anders. See Medrano v. State,795 So.2d 1009 (Fla. 4th DCA 2001). Because no Sixth Amendment right to counsel applies in this appeal, we follow the Fourth District's lead and strike the Anders brief filed in this case.

¶5AFFIRMED.

¶6KAHN, POLSTON, and THOMAS, JJ., concur.

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