Brown v. State

455 So. 2d 583, 9 Fla. L. Weekly 1872, 1984 Fla. App. LEXIS 14935
District Court of Appeal of Florida·Decided August 30, 1984·No. No. 83-1839·Published·Cited by 1 cases

Opinions

PER CURIAM.

The other members of a state attorney’s office are not disqualified from prosecuting [584]*584a criminal case merely because one prosecuting attorney in the office is the alleged victim and a State’s witness in the case. See Clausell v. State, 455 So.2d 1050 (Fla. 3d DCA 1984). See also State ex rel. Oldham v. Aulls, 408 So.2d 587 (Fla. 5th DCA 1981); Thompson v. State, 246 So.2d 760 (Fla.1971); United States v. Caggiano, Baszner, and Winfield, 660 F.2d 184 (6th Cir.1981), cert. denied, Winfield v. United States, 454 U.S. 1149, 102 S.Ct. 1015, 71 L.Ed.2d 303, cert. denied, Braszner v. United States, 455 U.S. 945,102 S.Ct. 1444, 71 L.Ed.2d 658 (1982).

AFFIRMED.

SHARP and COWART, JJ., concur. DAUKSCH, J., concurs specially with opinion.

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Brown v. State, 455 So. 2d 583, 9 Fla. L. Weekly 1872, 1984 Fla. App. LEXIS 14935 (Fla. Ct. App. 1984).

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