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Alvarez v. State

District Court of Appeal of Florida, Third District
Dec 18, 1973
287 So. 2d 121 (Fla. Dist. Ct. App. 1973)

Opinion

No. 73-671.

December 18, 1973.

Appeal from the Criminal Court of Record, Dade County, Paul Baker, J.

Bierman Sonnett and Edward Shohat, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before HENDRY and HAVERFIELD, JJ., and MARTIN, HENRY F., Jr., Associate Judge.


This is an appeal from a denial after evidentiary hearing of appellant's motion for relief under Rule 3.850 Florida Rules of Criminal Procedure, 33 F.S.A.

Appellant was convicted of breaking and entering and grand larceny. The convictions and sentences were affirmed by this court on appeal. Alvarez v. State, Fla. App. 1972, 261 So.2d 200.

Relief was sought in the trial court under Rule 3.850, supra. In this appeal it is argued that the defendant was denied a fair trial because his trial counsel, Mr. Gino P. Negretti, was also trial counsel for a co-defendant in the trial of the parties; that there was a conflict of interest and by reason thereof counsel breached his duty to represent the defendant with unfettered loyalty in violation of the defendant's rights to the effective assistance of counsel under the Florida and United States Constitutions.

This contention is without merit because the defendant voluntarily engaged Mr. Negretti as his counsel to represent him at trial. He was well aware that counsel was employed to represent both defendants at trial. Youngblood v. State, Fla.App. 1968, 206 So.2d 665; Davis v. State, Fla.App. 1968, 209 So.2d 701; Hernandez v. State, Fla.App. 1968, 212 So.2d 69; Caplinger v. State, Fla.App. 1973, 271 So.2d 780.

Affirmed.


Summaries of

Alvarez v. State

District Court of Appeal of Florida, Third District
Dec 18, 1973
287 So. 2d 121 (Fla. Dist. Ct. App. 1973)
Case details for

Alvarez v. State

Case Details

Full title:MANUEL JESUS ALVAREZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 18, 1973

Citations

287 So. 2d 121 (Fla. Dist. Ct. App. 1973)

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