Hammer v. State, 67--877
| Decision Date | 27 August 1968 |
| Docket Number | No. 67--877,67--877 |
| Citation | 213 So.2d 619 |
| Parties | Lawrence HAMMER and Roxalana Marie Kersten, 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 appellant.
Earl Faircloth, Atty. Gen., and Harold Mendelow, Asst. Atty. Gen., for appellee.
Before PEARSON, HENDRY and SWANN, JJ.
The appellants were informed against, tried before a jury, and adjudicated guilty of robbery. On this appeal they present two procedural points: (1) they question the legality of the panel from which the jury was selected, and (2) they contend that they were not represented by effective counsel because only one lawyer represented them. (The lawyer had been privately retained, not court appointed.)
We affirm the judgment as to point two upon the authority of Davis v. State, Fla.App.1968, 209 So.2d 701, and Belton v. State, Fla.App.1968, 211 So.2d 238.
We also affirm the judgment as to point one. The appellants have not demonstrated error under point one. They waived any irregularity in the selection of the jury panel when their lawyer did not comply with the requirements of § 913.01(2), Fla.Stat., F.S.A. See also Douberly v. State, 51 Fla. 41, 40 So. 675 (1906); Feldman v. State, Fla.App.1968, 212 So.2d 21.
Affirmed.
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Ridley v. State
...trial court is affirmed. See Davis v. State, Fla.App.1968, 209 So.2d 701; Hernandez v. State, Fla.App.1968, 212 So.2d 69; Hammer v. State, Fla.App.1968, 213 So.2d 619. See also Belsky v. State, Fla.App.1970, 231 So.2d Affirmed. WALDEN, OWEN and MAGER, JJ., concur. ...
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Hammer v. State, 70--350
...Before CHARLES CARROLL, HENDRY and SWANN, JJ. PER CURIAM. Affirmed. See Dunbar v. State, Fla.1969, 220 So.2d 366; and Hammer v. State, Fla.App.1968, 213 So.2d 619. ...
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Hammer v. State, 37972
...Kersten v. STATE. No. 37972. Supreme Court of Florida. Jan. 1969. Rehearing Denied Feb. 19, 1969. Certiorari denied without opinion. 213 So.2d 619. ...