ROTH v. STATE

Nos. 77-2047, 77-2055 and 78-80.

368 So.2d 1310 (1979)

Harry ROTH, Stephen H. MARUCA and Joseph N. Marrow, Appellants, v. The STATE of Florida, Appellee. The STATE of Florida, Appellant, v. Harry ROTH, Stephen H. MARUCA and Joseph N. Marrow, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 16, 1979.


Attorney(s) appearing for the Case

Alfonso C. Sepe, Mark King Leban, Miami, for Roth.

Goodhart & Rosner, Miami, for Marrow.

Joseph Mincberg, Miami, for Maruca.

Jim Smith, Atty. Gen., Janet Reno, State's Atty., and Ira N. Loewy, Asst. State's Atty., for the State.

Before HAVERFIELD, C.J., PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

These consolidated appeals all concern motions to vacate judgments and sentences. The defendants, Harry Roth, Stephen H. Maruca and Joseph N. Marrow, were tried together upon an information charging (1) conspiracy to commit the breaking and entering of a building and grand larceny, (2) the attempted breaking and entering of a building and (3) the possession of burglary tools. They were found guilty and, upon appeal, the judgments were affirmed by this...

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