DAVID MARVIN LEE, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 81-93.District Court of Appeal of Florida, Fifth District.
August 5, 1981.

Appeal from Circuit Court, Brevard County; Tom Waddell, Jr., Judge.

James B. Gibson, Public Defender, and Thomas R. Mott, Asst. Public Defender, Daytona Beach, for appellant.

No appearance for appellee.

PER CURIAM.

This is an appeal from a judgment and sentence pursuant to appellant’s plea of guilty. The Public Defender has filed a Anders[1] motion and brief requesting leave to withdraw as counsel for appellant and representing to this court that no reversible error appears. On April 16, 1981 this court gave appellant thirty (30) days within which to file a brief in his own behalf. No such brief has been filed. The court has reviewed counsel’s brief and the record herein and no reversible error appears. Any question of the voluntariness of a plea should be presented first to the lower court. The motion of the Public Defender to withdraw is granted and the appeal is hereby DISMISSED.

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

[1] Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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