VINCENT JAMES FASANO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
At oral argument we requested a supplement to the record to include the closing argument of counsel. Appellant claimed that the co-representation of himself and his codefendant brother by trial counsel deprived him of effective counsel. Although ineffectiveness claims generally may not be raised on direct appeal, where the facts giving rise to the claim of conflict of interest or prejudice to the defendant are apparent on the face of the record, they may be considered. Gordon v. State, 469 So. 2d 795, 797 (Fla. 4th DCA 1985). Having read the transcript and the supplement provided, we cannot conclude that appellant presented such a conflict on the face of the record, especially where he concedes he did not object to the corepresentation, and both brothers were acquitted of the three crimes with which they were both charged.
Finding no error in the trial court’s denial of appellant’s motion for judgment of acquittal on the marijuana possession charge and harmless error in the admission of irrelevant evidence, we affirm the conviction and sentence.
WALDEN, GUNTHER and WARNER, JJ., concur.
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Loren v. State, 601 So. 2d 271 (Fla. 1st DCA 1992)…him to trial with such expedition as to deprive him of the effective aid and assistance of counsel”). The second exception arises when the record below is sufficient to allow determination of an effectiveness claim. For example, in Fasano v. State, 548 So. 2d 1191 (Fla. 4th DCA 1989), the court concluded that an effectiveness claim based on dual representation of codefendants during the same trial could be considered on direct appeal where the facts giving rise to a claim of conflict or prejudice to defendant…
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Sammie Lee Harris v. State, 580 So. 2d 243 (Fla. 1st DCA 1991)…e of the record. Blanco v. Wainwright, 507 So. 2d 1377 (Fla.1987); Stewart v. State, 420 So. 2d 862 (Fla.1982), cert. denied, 460 U.S. 1103, 103 S.Ct. 1802, 76 L.Ed.2d 366 (1983); Michutka v. State, 506 So. 2d 1 (Fla. 1st DCA 1986); Fasano v. State, 548 So. 2d 1191 (Fla. 4th DCA 1989); Gordon v. State, 469 So. 2d 795 (Fla. 4th DCA), rev. denied, 480 So. 2d 1296 (Fla.1985). Furthermore, as the court pointed out in Stewart v. State, supra, appellate counsel cannot be faulted for eschewing appellate review of ine…
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Saud Tarawneh and Ghada Tarawneh v. State, 562 So. 2d 770 (Fla. 4th DCA 1990)…ted by a single law firm, creating a conflict of interest and depriving them of rights, including their right to counsel. Appellants assert that this issue should be considered on direct appeal because the prejudice is apparent. See Fasano v. State, 548 So. 2d 1191 (Fla. 4th DCA 1989); Morgan v. State, 550 So. 2d 151 (Fla. 3d DCA 1989). But see Healey v. State, 556 So. 2d 488 (Fla. 2d DCA 1990). They maintain that their theories of defense were mutually antagonistic because Ghada claimed that she was acting ou…
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- Gordon v. State, 469 So. 2d 795 (Fla. 4th DCA 1985)