Richard v. State

Florida District Courts of Appeal
Richard v. State, 426 So. 2d 584 (1983)
1983 Fla. App. LEXIS 20688
Cobb, Cowart, Dauksch

Richard v. State

Opinion of the Court

COBB, Judge.

The trial court, relying on our opinion in Babb v. Edwards, 400 So.2d 1239 (Fla. 5th DCA 1981), denied the motion of the public defender to withdraw based upon a representation of conflict. Our decision subsequently was quashed in Babb v. Edwards, 412 So.2d 859 (Fla. 1982). Given a conflict, we find that the denial of the motion to withdraw constitutes reversible error based upon the language of the United States Supreme Court in Holloway v. Arkansas, 435 U.S. 475, 98 S.Ct. 1173, 55 L.Ed.2d 426 (1978). See Foster v. State, 387 So.2d 344 (Fla. 1980); Jones v. State, 423 So.2d 515 (Fla. 5th DCA 1982).

REVERSED and REMANDED FOR NEW TRIAL.

DAUKSCH and COWART, JJ., concur.

Reference

Full Case Name
Charles S. RICHARD v. STATE of Florida
Cited By
1 case
Status
Published