RICHARD FILAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
We grant the petition for writ of certiorari.
Upon deposition of one of the state’s witnesses, the assistant public defender learned that the Public Defender’s Office previously had represented that witness on a substantive charge and on a subsequent violation of probation. Although the representation of the witness was very limited, taking place at arraignment, and the witness was willing to waive any conflict, the trial court should have granted the assistant public defender’s subsequent motion to withdraw which certified conflict. See Guzman v. State, 644 So. 2d 996 (Fla.1994). We therefore quash the trial court’s order denying the assistant public defender’s motion to withdraw from representation of petitioner. DELL, GUNTHER and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sheffield v. State, 725 So. 2d 1229 (Fla. 4th DCA 1999)…ice but to grant the petition. Guzman makes it clear that under section 27.53, Florida Statutes, the trial court had no discretion in this matter. See also Leslie v. State, 720 So. 2d 559, 23 Fla. L. Weekly D2092 (Fla. 4th DCA 1998); Filan v. State, 720 So. 2d 549, 23 Fla. L. Weekly D1880 (Fla. 4th DCA 1998); Reardon v. State, 715 So. 2d 348 (Fla. 4th DCA 1998). We grant certiorari, quash the order denying leave to withdraw, and instruct the trial judge to appoint different counsel. As we did in Reardon, we…
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Ross v. State, 730 So. 2d 348 (Fla. 4th DCA 1999)…rida Statutes. See Terry v. State, — So. 2d-, 1999 WL 68926 (Fla. 4th DCA Feb.10, 1999)(slip op.); Sheffield v. State, 725 So. 2d 1229, 1999 WL 18432 (Fla. 4th DCA 1999;(slip op.); Leslie v. State, 720 So. 2d 559 (Fla. 4th DCA 1998); Filan v. State, 720 So. 2d 549 (Fla. 4th DCA 1998); Reardon v. State, 715 So. 2d 348 (Fla. 4th DCA 1998). We grant certiorari, quash the order denying leave to withdraw, and instruct the trial judge to appoint different counsel. As we have done in the past, we again decline to…
Authorities Cited
- Guzman v. State, 644 So. 2d 996 (Fla. 1994)