Legal Opinion

Moore v. State

District Court of Appeal of Florida

Decided November 30, 2005No. 4D04-2807PublishedCited by 1 opinion

1Opinion of the CourtWarner, J.

In this appeal from her conviction and sentence for child neglect and aggravated child abuse-torture of the child victim, appellant’s stepdaughter, the appellant argues forcefully that she was denied conflict-free counsel because her counsel also represented the co-defendant, her husband and the child-victim’s father. Although the issue was not preserved, it can be raised on direct appeal if the prejudice to the defendant is apparent on the face of the record. Fasano v. State, 548 So.2d 1191, 1192 (Fla. 4th DCA 1989). Concluding that it is not, we affirm without prejudice to raising the issue…

2Cases cited4 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. State v. FloridaSupreme Court of Florida · 2005
  3. Fasano v. StateDistrict Court of Appeal of Florida · 1989
  4. Tarawneh v. StateDistrict Court of Appeal of Florida · 1990

3Cited by1 opinion

  1. Spagnolo v. StateDistrict Court of Appeal of Florida · 2013

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