213 So. 2d 619

Lawrence HAMMER and Roxalana Marie Kersten, Appellants, v. The STATE of Florida, Appellee.

No. 67-877.

District Court of Appeal of Florida. Third District.

Aug. 27, 1968.

*620Robert L. Koeppel, Public Defender, and Herbert M. Klein, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Harold Mendelow, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and SWANN, JJ.

PER CURIAM.

The appellants were informed against, tried before a jury, and adjudicated guilty of robbery. On this appeal they present two procedural points: (1) they question the legality of the panel from which the jury was selected, and (2) they contend that they were not represented by effective counsel because only one lawyer represented them. (The lawyer had been privately retained, not court appointed.)

We affirm the judgment as to point two upon the authority of Davis v. State, Fla.App.1968, 209 So.2d 701, and Belton v. State, Fla.App.1968, 211 So.2d 238.

We also affirm the judgment as to point one. The appellants have not demonstrated error under point one. They waived any irregularity in the selection of the jury panel when their lawyer did not comply with the requirements of ยง 913.01(2), Fla. Stat., F.S.A. See also Douberly v. State, 51 Fla. 41, 40 So. 675 (1906); Feldman v. State, Fla.App.1968, 212 So.2d 21.

Affirmed.

Hammer v. State
213 So. 2d 619

Case Details

Name
Hammer v. State
Decision Date
Aug 27, 1968
Citations

213 So. 2d 619

Jurisdiction
Florida

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