Wilson v. State

Full title: ETTA E. WILSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 4, 1977

348 So. 2d 10 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-10.

June 10, 1977. Rehearing Denied August 4, 1977.

Appeal from the Circuit Court for St. Lucie County, William G. Tye, J.

Richard L. Jorandby, Public Defender, and George B. Barrs, Laurie Sistrunk, Asst. Public Defenders, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Upon consideration of the record, briefs and argument of counsel for the respective parties, we determine the trial court erred in not declaring a mistrial and appointing separate counsel for indigent co-defendants when it became apparent their interests and defenses were conflicting. Baker v. State, 202 So.2d 563 (Fla. 1967).

Reversed and remanded for a new trial.

CROSS, ANSTEAD and DAUKSCH, JJ., concur.