Opinion
No. 91-2828.
October 16, 1991.
Petition for writ of prohibition.
Philip J. Yacucci, Jr., Public Defender and Jan Hendrickson, Asst. Public Defender, Vero Beach, for petitioners.
No appearance for respondent.
The petition is denied.
POLEN and GARRETT, JJ., concur.
ANSTEAD, J., dissents with opinion.
I would grant the petition. The petitioner, Terry Glispy, is represented by the public defender's office. That office also represents two (2) prosecution witnesses. This constitutes a sufficient conflict of interest entitling petitioner to representation by independent counsel. Babb v. Edwards, 412 So.2d 859 (Fla. 1982). Further, because of the important, yet sometimes subtle, effect of such a conflict, this error is not one susceptible to full remedy by a later appeal after petitioner's case is concluded. Cf. Boudreau v. Carlisle, 549 So.2d 1073 (Fla. 4th DCA 1989); Babb v. Edwards.