AVERA v. STATE

No. 81-1428.

436 So.2d 1115 (1983)

Robert Thomas AVERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 8, 1983.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Cynthia Karl-Stamm, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.


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...

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