Roque v. State

249 So. 2d 712, 1971 Fla. App. LEXIS 6417
CourtDistrict Court of Appeal of Florida
DecidedJune 9, 1971
DocketNo. 70-239
StatusPublished
Cited by1 cases

This text of 249 So. 2d 712 (Roque 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
Roque v. State, 249 So. 2d 712, 1971 Fla. App. LEXIS 6417 (Fla. Ct. App. 1971).

Opinion

PIERCE, Chief Judge.

Appellant Billy Roque appeals to this Court from a judgment of conviction entered against him in the Hillsborough County Criminal Court of Record after a trial and adverse verdict in a prosecution for possession of heroin.

The sole question involved on this appeal is Roque’s contention that the trial Court was in error in proceeding to trial with the Court-appointed Public Defender representing Roque. The unusual circumstances of the case leading up to the actual trial give rise to such contention, although the point lacks merit in the light of such facts.

Information was filed in the Hillsborough County Criminal Court of Record on October 31, 1969, charging Roque with having in his possession on September 24, 1969, a certain narcotic drug, to-wit heroin. On November 18, 1969, the case came up before [713]*713the Court in due course for arraignment and entry of plea. From this point on up to the ultimate jury trial and conviction there was a continuing and recurring colloquy between the Court, Roque himself, and adversary counsel as to Roque’s legal representation for the trial.

The Public Defender representing Roque on this appeal waxes eloquent in his brief in contending that when Roque was eventually tried he did not have the benefit of counsel with sufficient knowledge of the case and adequate opportunity for preparation beforehand to afford Roque adequate representation. But the record lodged here, in its broad aspects, does not sustain such accusation; also, that whatever situation Roque was in when he finally went to trial was caused practically entirely by his own default in not carrying out the previous orders of the Court as to procuring private counsel (which he insisted upon) rather than Court-appointed counsel; and lastly, that it affirmatively appears Roque had the benefit of adequate and well-informed counsel at the trial.

At the risk of appearing redundant, we think it would be illuminating to quote directly from the record as to exactly what happened on each occasion that the case came before the trial Court for further proceedings or disposition, especially in this era of “modern thought” when frequently whatever the trial Court does in any criminal case becomes thereafter the target for accusations of denial of due process, refusal of equal protection and all the other gamut of Constitutional rights, real or imaginary.

We have already mentioned that on November 18, 1969, the case was in due course called up in open Court for arraignment and plea of Roque on the information. We here quote from the record on that date:

“MR. LAZZARA [for the defense] : Your Honor, this defendant [Roque] was represented by Mr. Bill Switalski, whom I am associated with, through the preliminary hearing. This case was called up for arraignment last week, I believe, and was continued by this Court until this time, for purposes of entering into some arrangement or agreement as to representation, which we were not able to do at this time, your Honor. And at this time we will be withdrawing as counsel for the defendant.
THE COURT: Well, since you made an appearance, I am going to require you to represent him for the purposes of arraignment and thereafter we will let you out.
MR. LAZZARA: In other words, he will be arraigned today, your Honor?
THE COURT: Yes.
MR. LAZZARA: Okay.
THE COURT: Read the charge to him, Mr. Ayala.
MR. AYALA [for the State]: All right, you are Billy Roque, is that correct?
THE DEFENDANT ROQUE: May I talk to him a minute please?
THE COURT: All right.
(Conference between the defendant and Mr. Lazzara.)
MR. AYALA: You are Billy Roque ?
THE DEFENDANT ROQUE: Yes, sir.
MR. AYALA: Let me read the Information to you, charging possession of heroin.
Harry Lee Coe, III, Acting County Solicitor of the 13th Judicial Circuit in and for the County of Hillsborough, charges that you, Billy Roque, on the 24-th day of September, 1969, in the County of Hillsborough and State of Florida, did unlawfully and feloniously possess and have control of a certain narcotic drug, to-wit, heroin, a further description of which is to the County Solicitor unknown.
[714]*714To that Information charging possession of Heroin, how do you plead, guilty or not guilty ?
(Defendant stood mute).
THE COURT: All right, enter a plea of not guilty for him. Set it for trial date.
MR. AYALA: December the 12th, if that’s acceptable to the defendant.
THE DEFENDANT ROQUE: I would like it later than that.
THE COURT: Let me see your docket for that date. Well, let’s set a trial date in January, Mr. Ayala, when we have a relatively open date there.
MR. AYALA: All right. Mr. Roque, January the 15th acceptable to you?
THE DEFENDANT ROQUE: A little later than that, if it could be.
MR. AYALA: Well, I think that’s fair, under the circumstances.
THE COURT: January 15?
MR. AYALA: Yes sir.
THE COURT: All right. Mr. Lazzara, the Court will allow you to withdraw — that’s what you want to do at this point, now?
MR. LAZZARA: Yes, your Honor.
THE COURT: All right, Mr. Roque, your case is set for trial on January 15. Barring something unforeseen, it will go to trial on that date. So, it’s up to you to either get counsel to represent you and if you are unable to get counsel to represent you, then it’s up to you to contact the Public Defender and be ready for trial on that date. Now, is that clear to you?
THE DEFENDANT ROQUE: Yes, sir.
THE COURT: All right.
MR. LAZZARA: Thank you, Your Honor.”

So on November 18, 1969, after the foregoing colloquy in open Court, a not guilty plea was entered and the case set for trial on January 15, 1970, during which interval Roque was instructed by the Court to get private counsel to represent him or “contact the Public Defender and be ready for trial on” January 15th — all of which was “clear” to Roque.

On January 15, 1970, the day the case had been set for trial as aforesaid, the case was called, with Roque before the Court and the following proceedings appear from the record:

MR. MACKENZIE [for the State]: Billy Roque.
THE COURT: The Public Defender’s Office represents Billy Roque?
MR. RAWLINS [Public Defender]: No, we do not, your Honor. It is my understanding that Mr. Roque went to see Judge Durrance late yesterday afternoon, and the Judge referred him to our office to determine if there was some way we could help him. And Mr. Roque did come to my office again this morning.

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Related

Roque v. State
250 So. 2d 899 (Supreme Court of Florida, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
249 So. 2d 712, 1971 Fla. App. LEXIS 6417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roque-v-state-fladistctapp-1971.