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SMITH v. STATE

No. 88-1494.

546 So.2d 61 (1989)

Otis Dean SMITH and Gary Phillip Smith, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 24, 1989.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Michael J. Minerva, Asst. Public Defender, for appellants.

Robert A. Butterworth, Atty. Gen., Richard E. Doran, Asst. Atty. Gen., and Gypsy Bailey, Certified Legal Intern, for appellee.

ERVIN, Judge.

Appellants raise the issue whether they knowingly, voluntarily and intelligently waived their right to counsel. We affirm the waiver as to appellant Gary Smith, but reverse as to Otis Smith.

When Gary Smith was queried regarding his waiver of counsel the following colloquy ensued:

THE COURT: Gary Phillip Smith. And Otis Dean Smith. Are they Co-Defendants? MR. HUSBANDS: Yes ma'am. MR. GARY SMITH: Yes ma'am. ...

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