HENRY FERN ROGERS AND ARCHIE HERRING, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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The court held that joint representation is permissible absent objection or showing of conflict and prejudice.
Appellants were convicted of robbery and appealed, arguing insufficient evidence and improper joint representation by one attorney. No objection was r…
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Appellants were convicted of the offense of robbery in the Criminal Court of Record of Duval County, Florida. The Public Defender’s Office was appointed to represent and did represent the defendants at the trial and as well on this appeal.
The two grounds urged on this appeal are: (1) lack of sufficiency of evidence to support the verdicts, and (2) error of the court in appointing one attorney to represent two joint defendants.
As to the first question, this Court will not substitute its judgment for that of the jury and the trial judge in the absence of a showing of such lack of competent evidence as to constitute a fundamental error. In this case, such lack was not shown to exist.
As to the other question, the appointment of one attorney to represent two defendants, this Court agrees with and *368adopts as its opinion the holding of the Third District Court of Appeal of Florida in its recent case of Belton v. State, 211 So.2d 238.
In the case sub judice, there was no objection raised at the trial level as to the apportionment of counsel and there was not shown there nor in this court that there was a conflict or prejudice by reason of the same attorney representing both defendants. In fact, if we held otherwise, the same complaint could be made about one attorney representing both defendants on this appeal and so on ad infinitum.
Affirmed.
RAWLS, Acting C. J., and SPECTOR, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Belton v. State, 217 So. 2d 97 (Fla. 1968)…f two defendants with one attorney does not necessarily equal the denial of the effective assistance of counsel as a matter of law. In addition to the decision under review, the same application was accorded to Baker and Glasser in Rogers v. State, 212 So. 2d 367 (1st Dist.Ct.App.Fla.1968); and Dunbar v. State, 214 So. 2d 52 (2d Dist.Ct.App.Fla.1968), where the Second District Court of Appeal modified its earlier view as stated in Williams v. State, 214 So. 2d 29 (2d Dist.Ct.App.Fla.1968). A different view h…
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State v. Youngblood, 217 So. 2d 98 (Fla. 1968)…Here, it was not. However, subsequent to the decision in the instant case the Court of Appeal, Third District, decided Belton v. State, 211 So. 2d 238, 239 (3d Dist.Ct.App.Fla.1968), and the Court of Appeal, First District, decided Rogers v. State, 212 So. 2d 367 (1st Dist.Ct.App. Fla.1968). In the instant case, the Fourth District decided that the alleged error was fundamental, that is that reversal could be based upon it even though the point was not made at trial. In the cases mentioned for conflict the F…
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Morgan v. State, 550 So. 2d 151 (Fla. 3d DCA 1989)…State, 387 So. 2d 344 (Fla.1980); Boutwell v. State, 530 So. 2d 1092 (Fla. 1st DCA), review denied, 538 So. 2d 1255 (Fla.1988); Davis v. State, 461 So. 2d 291 (Fla. 1st DCA 1985); Baker v. State, 217 So. 2d 880 (Fla. 1st DCA 1969); Rogers v. State, 212 So. 2d 367 (Fla. 1st DCA 1968), cert. discharged, 219 So. 2d 685 (Fla.1969); see also Bellows v. State, 508 So. 2d 1330 (Fla. 2d DCA 1987). Furthermore, counsel was not court appointed, but was privately retained. Because they chose dual representation, appell…
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- Belton v. State, 211 So. 2d 238 (Fla. 3d DCA 1968)