Davis v. State
| Decision Date | 30 April 1968 |
| Docket Number | No. 67-686,67-686 |
| Citation | 209 So.2d 701 |
| Parties | Terry Louis DAVIS and John Van Bennett, Appellants, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Koeppel, Public Defender and Herbert M. Klein, Asst. Public Defender, for appellants.
Earl Faircloth, Atty. Gen. and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.
Before PEARSON, BARKDULL and HENDRY, JJ.
The appellants appeal from a felony conviction based upon a jury verdict. The only point urged for reversal is that both appellants, while defendants in the trial court, were represented by the same counsel. They now contend it was fundamental error for this representation to continue without an express waiver being made by the defendants, citing as authority Baker v. State, Fla.1967, 202 So.2d 563; Youngblood v. State, Fla.App.1968, 206 So.2d 665.
We do not find these cases to be controlling. In the cited cases the counsel involved was court-appointed. In the instant case, the single counsel was a private practitioner employed by the individual defendants as a voluntary act. They had a right to choose either independent counsel or to select one to represent them jointly. They will not now be heard to complain of this representation.
Affirmed.
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Morgan v. State, 88-1196
...court appointed, but was privately retained. Because they chose dual representation, appellants may not now complain. Davis v. State, 209 So.2d 701 (Fla. 3d DCA 1968). Challenging their sentences, the Morgans allege that the trial court erred in utilizing juvenile adjudications to depart fr......
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Roth v. State, s. 77-2047
...assistance of counsel was properly denied on the basis of Belsky v. State, 231 So.2d 256 (Fla. 3d DCA 1970); and Davis v. State, 209 So.2d 701 (Fla. 3d DCA 1968). Even though we hold that the ground of conflict in the representation is not available to Roth, we have examined the record in t......
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Wander v. State, 78-1348
...97 (Fla.1968); Roth v. State, 368 So.2d 1310 (Fla. 3d DCA 1979); Belsky v. State, 231 So.2d 256 (Fla. 3d DCA 1970); Davis v. State, 209 So.2d 701 (Fla. 3d DCA 1968). ...
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Alvarez v. State, 73--671
...aware that counsel was employed to represent both defendants at trial. Youngblood v. State, Fla.App.1968, 206 So.2d 655; 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 Affirmed. ...