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GLISPY v. WILD

No. 91-2828.

591 So.2d 272 (1991)

Terry GLISPY and Philip J. Yacucci, Jr., Public Defender for the Nineteenth Judicial Circuit, Petitioners, v. Honorable Joe WILD, Acting Circuit Judge for Indian River County, Respondent.

District Court of Appeal of Florida, Fourth District.

October 16, 1991.

Attorney(s) appearing for the Case

Philip J. Yacucci, Jr., Public Defender and Jan Hendrickson, Asst. Public Defender, Vero Beach, for petitioners.

No appearance for respondent.

PER CURIAM.

The petition is denied.

POLEN and GARRETT, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

I would grant the petition. The petitioner, Terry Glispy, is represented by the public defender's office. That office also represents two (2) prosecution witnesses. This constitutes a sufficient conflict of interest entitling petitioner to representation by independent counsel. Babb v. Edwards, ...

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