Rogers v. State, J--417
| Decision Date | 09 July 1968 |
| Docket Number | No. J--417,J--417 |
| Citation | 212 So.2d 367 |
| Parties | Henry Fern ROGERS and Archie Herring, Appellants, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
T. Edward Austin, Jr., Public Defender; and Ralph W. Nimmons, Jr., Asst. Public Defender, for appellants.
Earl Faircloth, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.
Appellants were convicted of the offense of robbery in the Criminal Court of Record of Duval County, Florida. The Public Defender's Office was appointed to represent and did represent the defendants at the trial and as well on this appeal.
The two grounds urged on this appeal are: (1) lack of sufficiency of evidence to support the verdicts, and (2) error of the court in appointing one attorney to represent two joint defendants.
As to the first question, this Court will not substitute its judgment for that of the jury and the trial judge in the absence of a showing of such lack of competent evidence as to constitute a fundamental error. In this case, such lack was not shown to exist.
As to the other question, the appointment of one attorney to represent two defendants, this Court agrees with and adopts as its opinion the holding of the Third District Court of Appeal of Florida in its recent case of Belton v. State, 211 So.2d 238.
In the case sub judice, there was no objection raised at the trial level as to the apportionment of counsel and there was not shown there nor in this court that there was a conflict or prejudice by reason of the same attorney representing both defendants. In fact, if we held otherwise, the same complaint could be made about one attorney representing both defendants on this appeal and so on ad infinitum.
Affirmed.
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Morgan v. State, 88-1196
...1255 (Fla.1988); Davis v. State, 461 So.2d 291 (Fla. 1st DCA 1985); Baker v. State, 217 So.2d 880 (Fla. 1st DCA 1969); Rogers v. State, 212 So.2d 367 (Fla. 1st DCA 1968), cert. discharged, 219 So.2d 685 (Fla.1969); see also Bellows v. State, 508 So.2d 1330 (Fla. 2d DCA 1987). Furthermore, c......
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State v. Youngblood, 37281
...Belton v. State, 211 So.2d 238, 239 (3d Dist.Ct.App.Fla.1968), and the Court of Appeal, First District, decided Rogers v. State, 212 So.2d 367 (1st Dist.Ct.App.Fla.1968). In the instant case, the Fourth District decided that the alleged error was fundamental, that is that reversal could be ......
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Belton v. State, 37662
...matter of law. In addition to the decision under review, the same application was accorded to Baker and Glasser in Rogers v. State, 212 So.2d 367 (1st Dist.Ct.App.Fla.1968); and Dunbar v. State, 214 So.2d 52 (2d Dist.Ct.App.Fla.1968), where the Second District Court of Appeal modified its e......
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Wilson v. State, J--408
...was reversed by the Florida Supreme Court in State v. Youngblood, et al., 217 So.2d 98, rehearing denied January 6, 1969. In Rogers v. State, Fla.App., 212 So.2d 367, cert. denied March 5, 1969, this court adopted the view that in order to complain of dual representation by counsel at the t......