Florida District Courts of Appeal, 1980

Houston v. State

Houston v. State
Florida District Courts of Appeal · Decided June 27, 1980 · Cobb, Orfinger, Upchurch
385 So. 2d 8; 1980 Fla. App. LEXIS 17070 (Southern Reporter, Second Series)

Houston v. State

Opinion of the Court

ORFINGER, Judge.

Appellant Houston was charged with second degree murder, and pled guilty to manslaughter pursuant to plea negotiations. After a pre-sentence investigation and hearing, the trial court sentenced appellant to ten years in prison. Appellant wrote a letter to the trial judge, requesting that his sentence be reconsidered. This letter was treated as a motion to mitigate sentence, which was denied, and as a notice of appeal.

Appellant’s court-appointed counsel filed a brief as prescribed by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). On November 2, 1979, counsel’s motion to allow appellant to file his own brief was granted, but no such brief has been filed.

The court has reviewed this record and counsel’s brief. No reversible error appears. The judgment and sentence of the trial court is therefore

AFFIRMED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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