Dennis v. State
Dennis v. State
Opinion of the Court
Appellant, together with two others, was tried and convicted of robbery. The various errors assigned and the points raised on appeal and argued in the briefs are without merit. During the course of oral argument appellant’s counsel called attention to the fact that appellant and a co-defendant had been jointly represented by the same public defender. Although the point was not properly raised on appeal, a majority of this court felt that upon the authority of Youngblood v. State, Fla.App.1968, 206 So.2d 665, this was fundamental error, notwithstanding the absence of appellant’s request for separate counsel and a complete absence of prejudice resulting from the joint representation. We originally filed our opinion December 12, 1968, vacating the judgment and sentence and remanding for a new trial, Judge Robert E. Hensley dissenting with the view that joint representation, without objection and without any prejudice or conflict being shown, was not fundamental error.
On December 17, 1968, the Supreme Court of Florida filed its opinion in State v. Youngblood, Fla., 217 So.2d 98, quashing the opinion in Youngblood v. State,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.