From Casetext: Smarter Legal Research

Davis v. State

District Court of Appeal of Florida, Third District
Apr 30, 1968
209 So. 2d 701 (Fla. Dist. Ct. App. 1968)

Opinion

No. 67-686.

April 30, 1968.

Appeal from the Criminal Court of Record for Dade County, Edward S. Klein, J.

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.


Summaries of

Davis v. State

District Court of Appeal of Florida, Third District
Apr 30, 1968
209 So. 2d 701 (Fla. Dist. Ct. App. 1968)
Case details for

Davis v. State

Case Details

Full title:TERRY LOUIS DAVIS AND JOHN VAN BENNETT, APPELLANTS, v. THE STATE OF…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 30, 1968

Citations

209 So. 2d 701 (Fla. Dist. Ct. App. 1968)

Citing Cases

Wander v. State

PER CURIAM. Affirmed. State v. Youngblood, 217 So.2d 98 (Fla. 1968); Belton v. State, 217 So.2d 97 (Fla.…

Roth v. State

The record shows that these defendants chose a private attorney and persisted with his representation even…