Legal Opinion · Concurrence

C.C. v. State

District Court of Appeal of Florida

Decided April 23, 2014No. 4D13-2086Published

1ConcurrenceWarner, J.

I concur in the affirmance. However, I would note that disposing of the sentencing issue in an Anders appeal as unpre-served is somewhat problematic. Appellate counsel should have brought the error to the attention of the trial court pursuant *218to Florida Rule of Juvenile Procedure 8.135(b)(2), which allows for the filing of a motion to correct a disposition pending appeal. In A.F.E. v. State, 853 So.2d 1091 (Fla. 1st DCA 2003), a similar case, the First District noted that the function of Anders was to preserve the defendant’s Sixth Amendment right to counsel in an appeal as of right so that…

2Cases cited6 opinions

  1. Smith v. RobbinsSupreme Court of the United States · 2000
  2. Maddox v. StateSupreme Court of Florida · 2000
  3. A.L.B. v. StateDistrict Court of Appeal of Florida · 2009
  4. A.F.E. v. StateDistrict Court of Appeal of Florida · 2003
  5. Dunbar v. StateDistrict Court of Appeal of Florida · 2010

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