JENKINS v. STATE (2025)

Order Striking Anders Brief

Appellant's appointed counsel's Anders brief, which is insufficient under Florida Rule of Appellate Procedure 9.140(g)(2), is stricken.

Appellant was charged with attempted second-degree murder with a firearm and convicted of attempted manslaughter. On appeal, Appellant's appointed counsel filed an Anders brief under rule 9.140(g)(2). The brief provided a statement of the case and facts and then added an “Issues Presented” section, identifying three issues that “[t]his Court should review.” It then concludes by noting that counsel has “concluded that no good faith argument can be made in this appeal.”

Rule 9.140(g)(2)(A) places an obligation on the court to “independently review the record to discover any arguable issues apparent on the face of the record” if appointed counsel files a brief stating that an appeal would be frivolous. This statement must be “combined with a complete discussion of any possible points of merit to the appeal[.]” In re Ord. of First Dist. Ct. of Appeal Regarding Brief Filed in Forrester v. State, 556 So. 2d 1114, 1117 (Fla. 1990) (emphasis supplied). The Anders brief here does not state whether, much less explain why, any of the issues the record purportedly presents are frivolous. Rule 9.140(g)(2) obligates counsel to “explain[ ] why an appeal of the order ․ may be frivolous.” Blackmon v. State, 394 So. 3d 736, 737 (Fla. 1st DCA 2024), not to simply identify issues for this court to review.

Accordingly, appointed counsel's Anders brief is stricken as non-compliant and counsel has thirty (30) days to file a brief that complies with the requirements of rule 9.140(g)(2) and In re Anders Briefs, 581 So. 2d 149 (Fla. 1991).

Per Curiam.

Ray, Kelsey, and Winokur, JJ., concur.