County
Criminal Court: CRIMINAL PROCEDURE – post conviction relief – appellate
court granted public defender’s motion to withdraw upon proper filing of an
Anders brief – defendant’s failure to request a curative instruction
or move for a mistrial after the court apparently sustained defendant’s objection,
precluded a new trial – in conducting Anders review, court can find
no other errors apparent on the face of the record – Order affirmed.
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND
APPELLATE DIVISION
DAVID ALLEN HARVEY,
Appellant,
vs.
Appeal No. CRC 02-20523 APANO
UCN522002CT20523XXXXXX
STATE OF
Appellee.
____________________________________/
Opinion filed ________________________
Appeal from Judgment of Guilt
Judge Amy M. Williams
David Allen Harvey
Appellant, pro se
Summer Vecchioli, Esquire
Attorney for Appellee
THIS CAUSE came before the Court
on appeal, filed by the defendant, David Allen Harvey (
Initially, the Court finds that
Accordingly, the only arguable issue
presented is whether the trial court erred in denying Defense counsel’s motion
for a new trial after a State witness, Officer Darren Chiaputti, testified
he’d “looked over a past case that I had contact with him [Harvey]” in his
preparation for trial. After asking
to approach the bench, the trial court suggested to Defense counsel that “you
might want to talk about this with your client.” After conferring with
It is therefore,
ORDERED AND ADJUDGED that the Judgment of Guilt is affirmed.
DONE AND ORDERED in Chambers,
at
________________________________
DAVID A. DEMERS
Circuit Judge
________________________________
ROBERT J. MORRIS, JR.
Circuit Judge
________________________________
IRENE SULLIVAN
Circuit Judge
Copies furnished to:
Judge Amy M. Williams
David Allen Harvey
13250 72nd Terrace
Haydee C. Oropesa, Assistant Public Defender
Summer Vecchioli, Assistant State Attorney