Alvarez v. State

District Court of Appeal of Florida

Alvarez v. State

287 So. 2d 121, 1973 Fla. App. LEXIS 6139

CourtDistrict Court of Appeal of Florida

DecidedDecember 18, 1973

DocketNo. 73-671

StatusPublished

Cited by2 cases

This text of 287 So. 2d 121 (Alvarez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alvarez v. State, 287 So. 2d 121, 1973 Fla. App. LEXIS 6139 (Fla. Ct. App. 1973).

Pincite

Opinion

PER CURIAM.

This is an appeal from a denial after evi-dentiary 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 [122]*122rights to the effective assistance of counsel under the Florida and United States Constitutions.

This contention is without merit because the defendant voluntarily engaged Mr. Ne-gretti 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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from a denial after evi-dentiary 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 [122]*122rights to the effective assistance of counsel under the Florida and United States Constitutions.

This contention is without merit because the defendant voluntarily engaged Mr. Ne-gretti 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.

Cite This Page — Counsel Stack

Bluebook (online)

287 So. 2d 121, 1973 Fla. App. LEXIS 6139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-v-state-fladistctapp-1973.

Opinion

Related

Cite This Page — Counsel Stack