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TATE v. STATE

No. 2-385A85.

515 N.E.2d 1145 (1987)

Carson TATE and Lester Mitchell, Appellants (Defendants below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied January 13, 1988.

Attorney(s) appearing for the Case

Andrew P. Sheff, Bennett & Sheff, Indianapolis, for appellants.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

SHIELDS, Presiding Judge.

Carson Tate and Lester Mitchell were convicted of theft.1 They appeal, claiming the trial court committed fundamental error in allowing the same public defender to represent them both during their joint trial.2 We agree and reverse.

FACTS

The evidence supporting the convictions reveals Tate exited a Kroger grocery with a cart of unbagged groceries for which he had...

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