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Rushing v. State

District Court of Appeal of Florida, Fourth District
Feb 12, 1969
218 So. 2d 514 (Fla. Dist. Ct. App. 1969)

Opinion

Nos. 1865-1867.

February 12, 1969.

Appeal from the Criminal Court of Record, Orange County, Edward J. Hanlon, Jr., J.

Louis R. Bowen, Jr., Public Defender, and Edward G. Helvenston, Asst. Public Defender, Orlando, for appellants.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.


Defendants William Griffin, Jr., John Henry Hightower and Lee Charles Rushing were each convicted of breaking and entering with intent to commit grand larceny and grand larceny. They urge that reversal is required because they were jointly represented by a single appointed attorney.

At trial defendants did not object to joint representation, and their appellate presentation has failed to demonstrate any resulting prejudice. Since joint representation alone does not provide ground for reversal, defendants' contention must fail. State v. Youngblood, Fla., 217 So.2d 98, opinion filed December 17, 1968, and Belton v. State, Fla., 217 So.2d 97, opinion filed December 17, 1968.

Defendants' remaining allegation, that the state did not meet its burden of showing the value of the stolen property to be $100.00 or more at the time of the theft, is not supported by the record. Accordingly, the judgments and sentences appealed from are

Affirmed.

WALDEN, C.J., and CROSS and McCAIN, JJ., concur.


Summaries of

Rushing v. State

District Court of Appeal of Florida, Fourth District
Feb 12, 1969
218 So. 2d 514 (Fla. Dist. Ct. App. 1969)
Case details for

Rushing v. State

Case Details

Full title:LEE CHARLES RUSHING, APPELLANT, v. STATE OF FLORIDA, APPELLEE. JOHN HENRY…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 12, 1969

Citations

218 So. 2d 514 (Fla. Dist. Ct. App. 1969)