MARSHALL v. STATE

No. 82-1559.

449 So.2d 1306 (1984)

Kenneth Raymond MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 17, 1984.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

With some misgiving, we affirm Marshall's judgment and sentence. That misgiving is occasioned by the fact that the record before us indicates prosecutorial misconduct, including contact and negotiation with the defendant by an assistant state attorney without notice to the defendant's counsel of record.

Nevertheless, there is no question here as to the guilt of the defendant, which he acknowledged in a nolo contendere plea before the trial court...

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