MANUEL JESUS ALVAREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant who voluntarily chooses counsel with knowledge of a potential conflict of interest cannot later claim ineffective assistance of counsel based on that conflict.
Appellant was convicted of breaking and entering and grand larceny. He sought post-conviction relief, arguing his trial counsel had a conflict of inte…
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PER CURIAM.
This is an appeal from a denial after evidentiary hearing of appellant’s motion for relief under Rule 3.850 Florida Rules of Criminal Procedure, 33 F.S.A. Appellant was convicted of breaking and entering and grand larceny. The convictions and sentences were affirmed by this court on appeal. Alvarez v. State, Fla. App.1972, 261 So. 2d 200.
Relief was sought in the trial court under Rule 3.850, supra. In this appeal it is argued that the defendant was denied a fair trial because his trial counsel, Mr. Gino P. Negretti, was also trial counsel for a co-defendant in the trial of the parties.; that there was a conflict of interest and by reason thereof counsel breached his duty to represent the defendant with unfettered loyalty in violation of the defendant’s rights to the effective assistance of counsel under the Florida and United States Constitutions.
This contention is without merit because the defendant voluntarily engaged Mr. Ne-gretti as his counsel to represent him at trial. He was well aware that counsel was employed to represent both defendants at trial. Youngblood v. State, Fla.App.1968, 206 So. 2d 665; Davis v. State, Fla.App.1968, 209 So. 2d 701; Hernandez v. State, Fla.App.1968, 212 So. 2d 69; Caplinger v. State, Fla.App.1973, 271 So. 2d 780.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dominguez v. State, 374 So. 2d 1016 (Fla. 3d DCA 1979)…PER CURIAM. Affirmed. See Fisher v. State, 248 So. 2d 479, 486 (Fla.1971); Alvarez v. State, 287 So. 2d 121 (Fla. 3d DCA 1973); Fotianos v. State, 329 So. 2d 397, 401 (Fla. 1st DCA 1976); State v. Ashby, 245 So. 2d 225 (Fla.1971); and Castle v. State, 305 So. 2d 794 (Fla. 4th DCA 1975).…
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Alvarez v. Louie L. Wainwright, 522 F.2d 100 (5th Cir. 1975)…WN, Chief Judge: Alvarez was convicted in a Florida state court of breaking and entering and grand larceny. Alvarez v. State, 261 So. 2d 200 (3d D.C.A.Fla.App.), cert. denied, 266 So. 2d 348 (Fla.1972). After denial of state post conviction relief, 287 So. 2d 121 (3d D.C.A.Fla.App.1973), Alvarez sought a writ of habeas corpus in the United States District Court claiming ineffective assistance of his retained counsel due to a conflict of interest. After an evidentiary hearing the District Court granted the pe…
Authorities Cited
- Hernandez v. State, 212 So. 2d 69 (Fla. 2d DCA 1968)
- Caplinger v. State, 271 So. 2d 780 (Fla. 3d DCA 1973)
- Youngblood v. State, 206 So. 2d 665 (Fla. 4th DCA 1968)
- Douglas v. State, 206 So. 2d 665 (Fla. 3d DCA 1968)
- Davis v. State, 209 So. 2d 701 (Fla. 3d DCA 1968)
- Alvarez v. State, 261 So. 2d 200 (Fla. 3d DCA 1972)