Florida District Courts of Appeal, 1973

Carmen v. State

Carmen v. State
Florida District Courts of Appeal · Decided April 27, 1973 · Hobson, Mann, Pierce, Ret
289 So. 2d 51; 1973 Fla. App. LEXIS 6103 (Southern Reporter, Second Series)

Carmen v. State

Opinion of the Court

PER CURIAM.

Affirmed.

HOBSON, J., and PIERCE, J., (Ret.), concur. *52MANN, Chief Judge (dissenting).

Dissenting Opinion

MANN, Chief Judge

(dissenting).

I must dissent at the threshold of consideration without expressing an opinion on the merits. Anders v. California, 1967, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, requires that arguable questions be briefed by-counsel and presented to the appellate court. Carmen’s attorney has cited no case to us. A quick foray into the library suggests that at least Deiterle v. State, 98 Fla. 739, 124 So. 47, and Duggan v. State, Fla.App. 1st 1966, 189 So.2d 890, should have been cited to us. I do not mean to suggest that we would not ultimately hold this appeal to be without merit, but we cannot do so until Carmen has had the due process to which the Constitution entitles him.

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