Lugo-Gutierrez — Third District affirms after Anders review

Case
Osmel Lugo-Gutierrez v. State of Florida
Court
Florida Third District Court of Appeal
Judge
SCALES, C.J. (Rick Scott, 2013); FERNANDEZ, J. (Rick Scott, 2011); LINDSEY, J. (Rick Scott, 2017)
Date Decided
September 3, 2026
Docket No.
3D26-0366
Topics
Criminal Appeals; Anders Review; Summary Affirmance
Source
Read the full opinion

Background

Osmel Lugo-Gutierrez appealed from a proceeding in the Circuit Court for Miami-Dade County before Judge Christine Hernandez. The Third District Court of Appeal identified the matter as an appeal conducted under Anders v. California, 386 U.S. 738 (1967).

Lugo-Gutierrez appeared on his own behalf, and the Florida Attorney General represented the State. The appellate court’s brief opinion does not describe the underlying charges, judgment, sentence, or any potential appellate issues.

The Court’s Holding

The Third District affirmed the circuit court’s disposition in a per curiam opinion. The court provided no separate factual discussion or legal analysis.

Because the opinion consists solely of an affirmance following an Anders appeal, it announces no broader rule beyond leaving the lower court’s judgment intact.

Key Takeaways

  • The appeal proceeded under the Anders framework for appointed counsel’s conclusion that an appeal presents no meritorious issue.
  • The three-judge panel unanimously affirmed without a written discussion of the record or potential issues.
  • The decision leaves the circuit court’s judgment undisturbed but supplies no substantive analysis for future cases.

Why It Matters

The decision concludes Lugo-Gutierrez’s appeal at the panel stage without identifying reversible error. Its practical significance is case-specific because the court did not explain its reasoning or address any substantive question of Florida law.

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