JOHNNY M. GARDNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHNNY M. GARDNER, APPELLANT,
STATE OF FLORIDA, APPELLEE
214 So. 2d 786
Florida District Court of Appeal, Second District (1968)
Caution
Cited by 5 cases
Opinion of the Court
Appellant appeals from a denial of his Motion to Vacate and Set Aside Judgment and Sentence by the trial court. Appellant urges as his point on appeal that he was deprived of his constitutional right to counsel by the trial court’s appointment of a single attorney to jointly represent the appellant and a co-defendant.
The record shows that appellant entered a plea of guilty to the charge of robbery and there was no trial. In a recent opinion Williams v. State of Florida, 214 So.2d 29, filed September 4, 1967, we affirmed a decision of the lower court based on a similar set of facts. Based upon that authority, we therefore affirm the decision of the trial court in this case.
Affirmed.
LILES, C. J., and ALLEN and HOB-SON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gardner v. State, 222 So. 2d 744 (Fla. 1969)…Appeal dismissed without opinion. 214 So. 2d 786.…
-
Williams v. State, 268 So. 2d 543 (Fla. 3d DCA 1972)…he defendants’ guilty pleas. The valid reasons used in other cases to find prejudice to multiple defendants represented by a single attorney are not present where the defendants plead guilty, interposing no defenses. Gardner v. State, Fla.App. 1968, 214 So. 2d 786; Williams v. State, Fla.App.1968, 214 So. 2d 29; Mitchell v. State, Fla.App. 1968, 213 So. 2d 289. The effectiveness of appellant’s other points on appeal is mitigated by looking at the record on appeal. For example, the guilty plea entered by appe…
-
Gardner v. Louie L. Wainwright, 433 F.2d 137 (5th Cir. 1970)…nt’s petition to vacate judgment and sentence in the convicting court pursuant to the Florida postconviction proceeding under Criminal Procedure Rule 1.850, 33 F.S.A. (Rule 1), was denied without a hearing and affirmed upon appeal. Gardner v. State, 214 So. 2d 786 (Fla.App.1968), reh. den. (1968). An “appeal” to the Florida Supreme Court was dismissed — Gardner v. State, 222 So. 2d 744 (Fla.1969). No intimation has been made by appellant that the plea as entered was not voluntary and, as such, the voluntarin…
Authorities Cited
- Williams v. State, 214 So. 2d 29 (Fla. 2d DCA 1968)