Bellows v. State, 85-2550
| Decision Date | 24 June 1987 |
| Docket Number | No. 85-2550,85-2550 |
| Citation | 12 Fla. L. Weekly 1578,508 So.2d 1330 |
| Parties | 12 Fla. L. Weekly 1578 James A. BELLOWS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Joel E. Grigsby, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.
On October 19, 1984, Colleen Collins, a confidential informant for the Collier County Sheriff's Department, called appellant, James Bellows, to set up a cocaine purchase. Pursuant to the telephone conversation, Bellows went to Collins' apartment to meet with her. He brought a set of scales with him and, during a conversation, he told Collins that he would get some cocaine and bring it back to her apartment to divide out her share.
Upon Bellows' departure, detectives who were surveilling Collins' apartment gave Collins money to purchase the cocaine from Bellows. After waiting a period of time, Collins went to visit Bellows' ex-stepson, Edward Dudeck. Collins and Dudeck returned to Collins' apartment. Bellows reappeared shortly thereafter. Collins, Bellows, and Dudeck discussed the cocaine purchase. They concluded that Dudeck would go to his house to get the drugs. Collins, Bellows, and Dudeck left Collins' apartment. Dudeck dropped off Collins and Bellows at a nearby store and Dudeck proceeded to his home to get the cocaine. Dudeck returned to the store approximately one hour later and the three of them returned to Collins' apartment. Bellows and Dudeck weighed out Collins' eighth of an ounce share and handed it to her.
Bellows was arrested and charged with the sale of cocaine, a second degree felony, in violation of section 893.13, Florida Statutes (1983). Prior to trial, the public defender representing Bellows moved to withdraw from Bellows' case because of an alleged conflict of interest between the "codefendants," Bellows and Collins. The public defender argued he had a conflict of interest between Bellows and Collins because the public defender's office had been appointed to represent not only Bellows on his cocaine charges, but also Collins on a charge that she violated her probation. The public defender also asserted conflict in the hampering of the defense of Bellows' case inasmuch as he would be required to defend client Bellows and cross-examine state's witness (but public defender's client) Collins during the trial of Bellows. The trial court denied the motion finding that the alleged conflict of interest was too speculative. The trial court provided that the public defender could renew his motion "upon any additional grounds that may come up." Bellows was tried and convicted. He was sentenced within the guidelines recommended sentence to eighteen months in prison followed by twelve months probation.
On appeal, Bellows contends that the trial court erred in denying the public defender's motion to withdraw for conflict of interest thus depriving him of effective assistance of counsel. We agree.
"The Sixth Amendment right to the assistance of...
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