RICHARD ST. CLAIR WELLINGTON, APPELLANT,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, APPELLEE
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The court held that the rule requiring separate counsel does not apply when defendants enter guilty pleas.
Appellant and his codefendant were charged with armed robbery and both entered guilty pleas. Appellant later sought postconviction relief, arguing he …
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Appellant seeks reversal of an order denying his motion for postconviction relief.
Wellington and an accomplice were charged with armed robbery, and the public defender was appointed to represent them. They both entered guilty pleas in August, 1963. In March, 1968, appellant filed his motion to vacate judgment and sentence contending that he was entitled to his own appointed attorney, and that it was constitutional error to require him to share appointed counsel with his codefendant. In support of his claim, appellant relies on Baker v. State, 202 So.2d 563 (Fla.1967), holding that appointment of counsel to represent two or more defendants denies each of them the right to- effective assistance of counsel.
We reject appellant’s contention and affirm the order appealed. The instant case is factually distinguishable from Baker, supra, in that here there was no trial during the course of which it could be said that there might have arisen conflicting interests, strategies, or defenses which might have at once been detrimental to one of the codefendants and beneficial to his alleged colleague in crime.
In the case at bar, no opportunities for such conflicts existed since appellant and his codefendant both pled guilty. We hold, as did the District Court of Appeals, Second District, Mitchell v. State, 213 So. 2d 289, Opinion Filed August 14, 1968, that the rule in Baker, supra, is not applicable where the defendants entered guilty pleas.
Affirmed.
WIGGINTON, C. J., and CARROLL, DONALD K., J., concur.
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Austin v. State, 218 So. 2d 192 (Fla. 1st DCA 1969)…PER CURIAM. Affirmed on authority of Wellington v. Wainwright, 214 So. 2d 28 (Fla.App.1st, 1968). RAWLS, Acting Chief Judge, and JOHNSON and SPECTOR, JJ., concur.…
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Martin v. State, 218 So. 2d 778 (Fla. 1st DCA 1969)…PER CURIAM. The record on appeal and the briefs having been read and given full consideration and appellant having failed to demonstrate reversible error, the judgment of the lower court is hereby affirmed. Wellington v. Wainwright, 214 So. 2d 28 (Fla.App. 1st, 1968); Baker v. State (Fla.App. 1st, 1969), 217 So. 2d 880, Opinion filed January 23, 1969, not yet reported. WIGGINTON, C. J., and JOHNSON and SPECTOR, JJ., concur.…
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Holman v. State, 219 So. 2d 46 (Fla. 1st DCA 1969)…PER CURIAM. The record on appeal and the briefs filed having been read and given full consideration and appellant having failed to demonstrate reversible error, the Order appealed is hereby affirmed. Wellington v. Wainwright, 214 So. 2d 28 (Fla.App.lst, 1968); Baker v. State, 217 So. 2d 880, filed January 23, 1969 (Fla.App.lst, 1969). WIGGINTON, C. J., and JOHNSON and SPECTOR, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baker v. State, 202 So. 2d 563 (Fla. 1967)
- Carlton George Mitchell, Jr. v. State, 213 So. 2d 289 (Fla. 2d DCA 1968)