Rodriguez v. State

GERSTEN, Judge.

Appellant, Roberto Rodriguez, appeals his robbery conviction claiming error in the denial of his motions for judgment of acquittal and new trial. We affirm.

The appellant’s defense attorney was a former assistant state attorney. Years ago, this attorney on one occasion substituted for the assigned prosecutor in a previous case of the appellant’s at a psychological evaluation hearing.

Subsequent to appellant’s trial, the defense attorney discovered and notified the trial court that he had made the brief appearance against the defendant at the previous hearing. The attorney stated…