ETTA E. WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1977-06-10
No. 76-10
CROSS, ANSTEAD and DAUKSCH, JJ., concur.
348 So. 2d 10 Florida District Court of Appeal, Fourth District (1977) Negative Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

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.


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Cited By

  • Porter v. State, 350 So. 2d 14 (Fla. 4th DCA 1977)
    …o that of his co-defendant and a review of the record discloses that substantial prejudice resulted from the obvious conflict of interest. Therefore the Judgment and Sentence are reversed and this matter is remanded for a new trial. Wilson v. State, 348 So. 2d 10 (Fla. 4th DCA 1977). Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942). Baker v. State, 202 So. 2d 563 (Fla.1967). REVERSED and REMANDED. CROSS and LETTS, JJ., concur.…
  • Ford v. State, 370 So. 2d 1161 (Fla. 4th DCA 1978)
    …DAUKSCH, Judge, dissenting: The opinion in this case is in conflict with Wilson v. State, 348 So. 2d 10 (Fla. 4th DCA 1977) and Baker v. State, 202 So. 2d 563 (Fla.1967) and that is why I dissented and why I think we should grant rehearing and grant a new trial.…

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