KARL JON PORTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1977-08-23
No. 76-103
CROSS and LETTS, JJ., concur.
350 So. 2d 14 Florida District Court of Appeal, Fourth District (1977) Positive Treatment
Cited by 4 cases
Topics
Constitutional Rights Conflict Of Interest Postconviction Relief Ineffective Assistance Of Counsel

Explore caselaw by topic → Browse Constitutional Rights cases and more on FLexlaw

Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a denial of post-conviction relief requested under Fla.R. Crim.P. 3.850. The Appellant alleges that he was convicted in violation of his constitutional right to effective assistance of counsel at trial. No useful purpose would be served to set out all the facts; it is sufficient to say Appellant was represented by an attorney appointed by the court who also represented his co-defendant. He was retained counsel for the co-defendant. Appellant’s defense to the murder charge was antagonistic to that of his co-defendant and a review of the record discloses that substantial prejudice resulted from the obvious conflict of interest. Therefore the Judgment and Sentence are reversed and this matter is remanded for a new trial. Wilson v. State, 348 So. 2d 10 (Fla. 4th DCA 1977). Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942). Baker v. State, 202 So. 2d 563 (Fla.1967).

REVERSED and REMANDED.

CROSS and LETTS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Currens v. State, 363 So. 2d 1116 (Fla. 4th DCA 1978)
    …een granted. We therefore find that the trial court erred in denying the motion to suppress and reverse the conviction and sentence and remand with instructions to discharge the appellant. Bailey v. State, 319 So. 2d 22 (Fla.1975); Bennett v. State, 350 So. 2d 14 (Fla. 4th DCA 1977); Vollmer v. State, 337 So. 2d 1024 (Fla. 2d DCA 1976); Lower, supra. REVERSED AND REMANDED. DOWNEY, C. J., concurs. RIVKIND, LEONARD, Associate Judge, dissents without opinion.…
  • Lewis v. State, 382 So. 2d 1249 (Fla. 5th DCA 1980)
    …e Florida Stop and Frisk law, section 901.151(2), Florida Statutes (1979), gives the authority for the detainer.1 Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Rheiner, 297 So. 2d 130 (Fla. 2d DCA 1974); Bennett v. State, 350 So. 2d 14 (Fla. 4th DCA 1977). The facts of this case are rather similar to the facts in Ingram v. State, 364 So. 2d 821 (Fla. 4th DCA 1978), where that appellant was seen in possession of a paper bag acting “suspiciously.” As in Ingram, there was no legally…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw