LEROY CORIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court denied the appellant's motion to appoint a specific attorney but granted him the opportunity to retain counsel at his own expense and extended the briefing period by 60 days to allow further appellate review.
A defendant on appeal may procure additional counsel at his own expense and be granted extended time to file supplemental briefs, though the court need not appoint a specific attorney of the defendant's choosing.
[1] A defendant on appeal may be permitted to retain counsel at his own expense to supplement public defender representation, and the appellate court may extend briefing time…
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Join FLexlaw to unlock all legal intelligenceAppellant Corie appealed his conviction with representation from a special assistant public defender who found no error in the record. Corie disagreed…
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In this appeal it appears that the appellant does not agree with his attorney, who is a special assistant public defender, who has filed a brief in which he says he cannot find error. We have studied the record and we do not find error, either, but the appellant has filed several motions, including a motion for the court to appoint a certain attorney, Honorable Ben Thompson, to represent him. We do not think that the court should at any time single out a certain attorney as a choice of the defendant, other than the duly constituted Public Defender’s Office, and therefore this motion is denied.
Due to the fact that some of the Federal decisions 'have been so liberal in their decisions in defining the defendants’ civil rights and due process, we feel and therefore hold that the appellant should be given an opportunity to procure additional counsel at his own expense, whether it be Mr. Thompson or not, and also, that he and/or his attorney be permitted sixty (60) days to file further briefs in this Court, and that the Public Defender’s Office is directed to make available to the appellant or his attorney, any instruments he has pertinent to appellant’s case.
The other motions now pending in this case are denied.
This appeal is held pending the happening of the instructions given supra, and if no further briefs are filed within said sixty (60) days, the conviction, judgment and sentence shall be affirmed.
SPECTOR, C. J., and WIGGINTON, J., concur.
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Corey v. State, 272 So. 2d 819 (Fla. 1973)…Certiorari denied. 265 So. 2d 84. ERVIN, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.…