Palen v. State

ON MOTION TO WITHDRAW

W. SHARP, Judge.

In this ease, the Public Defender filed a brief in purported compliance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and also filed a motion to withdraw from further representation of the appellant. However, the Public Defender raised in the Anders *270brief a meritorious legal issue — a claim that the trial court imposed costs on the appellant without notice or a meaningful opportunity to object. The appeal therefore is not wholly frivolous and is not properly presented as an Anders appeal.

Anders held that where…