Avera v. State

DAUKSCH, Judge.

This is an appeal from a conviction under the escape statute. Before trial the assistant public defender who was appointed to represent appellant moved the court to allow him to withdraw as appellant’s lawyer. The court denied that motion and that denial is the only issue warranting discussion in this appeal.

Our supreme court very clearly held in Babb v. Edwards, 412 So.2d 859 (Fla.1982) “that where the public defender of a given circuit determines that the interests of indigent defendants are so adverse or hostile that they cannot all be represented by him or his assistant…