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287 So. 2d 121

Alvarez v. State

District Court of Appeal of Florida

Decided December 18, 1973

District Court of Appeal of Florida · decided 1973-12-18

Cited by 2 later decisions — most recently July 1979

1 federal appellate · 1 state decisions

Relies on 212 So. 2d 69 - Hernandez v. State · Youngblood v. State · 271 So. 2d 780 - Caplinger v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-12-18

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PER CURIAM.

¶1This is an appeal from a denial after evi-dentiary hearing of appellant’s motion for relief under Rule 3.850 Florida Rules of Criminal Procedure, 33 F.S.A.

¶2Appellant was convicted of breaking and entering and grand larceny. The convictions and sentences were affirmed by this court on appeal. Alvarez v. State, Fla. App.1972, 261 So.2d 200.

¶3Relief was sought in the trial court under Rule 3.850, supra. In this appeal it is argued that the defendant was denied a fair trial because his trial counsel, Mr. Gino P. Negretti, was also trial counsel for a co-defendant in the trial of the parties.; that there was a conflict of interest and by reason thereof counsel breached his duty to represent the defendant with unfettered loyalty in violation of the defendant’s *122rights to the effective assistance of counsel under the Florida and United States Constitutions.

¶4This contention is without merit because the defendant voluntarily engaged Mr. Ne-gretti as his counsel to represent him at trial. He was well aware that counsel was employed to represent both defendants at trial. Youngblood v. State, Fla.App.1968, 206 So.2d 665; Davis v. State, Fla.App.1968, 209 So.2d 701; Hernandez v. State, Fla.App.1968, 212 So.2d 69; Caplinger v. State, Fla.App.1973, 271 So.2d 780.

¶5Affirmed.

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