Florida District Courts of Appeal, 1984

Baker v. State

Baker v. State
Florida District Courts of Appeal · Decided May 2, 1984 · Anstead, Glickstein, Walden
449 So. 2d 397; 1984 Fla. App. LEXIS 13162 (Southern Reporter, Second Series)

Baker v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction and reject his claim that the trial court improperly honored a codefendant’s refusal to testify in the face of the unchallenged and unrebutted statements on the record by the trial court that no plea agreement by the codefendant had yet been accepted by the court. See Ivey v. Eastmoore, 402 So.2d 1248, 1249 (Fla. 5th DCA 1981); Meehan v. State, 397 So.2d 1214 (Fla. 2d DCA 1981); Dearing v. State, 388 So.2d 296 (Fla. 3d DCA 1980); Brinson v. State, 382 So.2d 322 (Fla. 2d DCA 1979); King v. State, 353 So.2d 180 (Fla. 3d DCA 1977). Cf. Lopez v. State, 349 So.2d 1198 (Fla. 2d DCA 1977).

ANSTEAD, C.J., and GLICKSTEIN, J., concur. WALDEN, J., dissents with opinion.

Dissenting Opinion

WALDEN, Judge,

dissenting.

In my opinion the trial court committed reversible error in failing to make a voir dire inquiry to determine if the witness was entitled to his Fifth Amendment claim. I would reverse upon authority of Lopez v. State, 349 So.2d 1198 (Fla. 2d DCA 1977) and allied cases.

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