Gossett v. State, 6976
| Decision Date | 26 October 1966 |
| Docket Number | No. 6976,6976 |
| Citation | 191 So.2d 281 |
| Parties | Elliott G. GOSSETT and Mary C. Gossett, Appellants, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Joseph G. Spicola, Jr., Public Defender, and Marcus A. Wilkinson, III, Asst. Public Defender, Tampa, for appellants.
Earl Faircloth, Atty. Gen., Tallahassee, and William D. Roth, Asst. Atty. Gen., Lakeland, for appellee.
The appellee, State of Florida, moved this court to dismiss the appeal or, in the alternative, require the prosecution of this appeal in accordance with the Florida Appellate Rules.
The public defender of Hillsborough County represented the defendants-appellants in the Criminal Court of Record in and for Hillsborough County, had the complete proceedings lodged in this court, then stated that he had examined the record and found that the appellants were completely and adequately represented by said public defender's office and, in his opinion, found no harmful error; and, in fairness, said public defender could not in good faith and conscience find any favorable law under the facts presented to support the assignments of error, nor could he find any abuse of discretion by the trial judge in the case.
On May 16, 1966, this court entered an order granting the public defender's motion to be permitted to withdraw as attorney of record for appellants.
This court has, in the past, permitted defense attorneys to withdraw from representation of defendants in the appellate court after they had lodged the record of the proceedings here. As a result, we have had a large number of cases lodged here without representation of the appealing defendants. Because of the lack of representation of the defendants in cases before this court, and the confusion caused thereby, we are finding it necessary to refuse to permit defense counsel to withdraw until the completion of the case in this court. We are, therefore, requesting the various lower courts, after the determination of the insolvency of defendants, to appoint counsel to defend them. It is becoming difficult to justify the difference between the need of counsel in the trial court and the finding that there is no need of counsel in the appellate court. This is causing an increasing number of petitions for habeas corpus to be filed in the federal courts to release prisoners because they are not represented in the appellate court by an attorney.
We shall deny the state's motion to dismiss and proceed to examine the entire record, including testimony, charges of the court, and assignments of error to determine the proper disposition of this appeal.
Elliott G. Gossett and wife, Mary C. Gossett, were convicted in the Criminal Court of Record of Hillsborough County on the following charges:
' * * * that Elliott G. Gossett on the 6th day of June, 1965, in the County of Hillsborough and State of Florida, did then and there handle, fondle and make an assault upon a female child under the age of fourteen years, to-wit: eleven years of age, in a lewd, lascivious, and indecent manner, to -wit: by then and there having carnal knowledge of the said. * * *'
'* * * that Mary C. Gossett on the 6th day of June, 1965, in the County of Hillsborough and State of Florida, was then and there unlawfully present, counseling, hiring, procuring, encouraging, commanding, inciting, and otherwise inducing the said Elliott G. Gossett to do and commit said felony aforesaid, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida.'
The two defendants, by agreement of counsel, were tried together, each having entered a plea of not guilty through their counsel Joseph G. Spicola, Jr., Public Defender of Hillsborough County.
After having prepared a lengthy 15 page opinion, in which we detailed the evidence that was adduced against the defendants in this case, we decided it was best to destroy that opinion and file a short affirmance, due to the youth of the witnesses who appeared in the trial of the case.
The only testimony presented by the defendants was that of a man and his wife who were friends of the couple and who claimed they went out on a party with the defendants the night the crime was supposed to have taken place....
To continue reading
Request your trial
-
Cotita v. State, II-224
...involved in the assault and rape prosecution was held properly admitted "to show a pattern of criminality" in Gossett v. State, 191 So.2d 281, 283 (Fla. 2nd DCA 1966), the court holding (191 So.2d at "We conclude that the trial judge had authority under Williams v. State, . . . and Talley v......
-
Coler v. State, 54250
...motion for mistrial on the grounds that the above testimony was admitted improperly. Id. at 670 (emphasis supplied). Gossett v. State, 191 So.2d 281 (Fla.2d DCA 1966), was an appeal by a husband and wife from a conviction of assault and rape upon a female under the age of fourteen years. In......
-
Mobley v. State
...that the appeal is frivolous and without merit and seeks to be discharged as the appellant's attorney for such reasons, Gossett v. State, Fla.App.1966, 191 So.2d 281, which application, if granted, leaves the appeal entered by him in the lap of the appellate court without an attorney for th......
-
Hodge v. State, 81-1291
...criminality." Jones v. State, 398 So.2d 987 (Fla. 4th DCA 1981); Cotita v. State, 381 So.2d 1146 (Fla. 1st DCA 1980); Gossett v. State, 191 So.2d 281 (Fla. 2d DCA 1966). Yet, some argue that permitting the state to submit similar fact testimony to show a "pattern of criminality" amounts to ......
-
"A dangerous bend in an ancient road": the use of similar fact evidence for corroboration.
...courts allowed similar fact evidence in molestation cases to prove a variety of patterns, plans, or courses of conduct. Gossett v. State, 191 So. 2d 281 (Fla. 2d D.C.A. 1966) ("pattern of criminality that makes the prior acts relevant to the commission of the [charged] acts"); Cantrell v. S......