C. C. J. v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: October 2, 2019
• Docket: 17-5113
• Status: Published

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

C.C.J., ) ) Appellant, ) ) v. ) Case No. 2D17-5113 ) STATE OF FLORIDA, ) ) Appellee. ) )

Opinion filed October 2, 2019.

Appeal from the Circuit Court for Pinellas County; Kathleen T. Hessinger, Acting Circuit Judge.

Howard L. Dimmig, II, Public Defender, and William T. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

BLACK, Judge.

C.C.J. challenges two disposition orders rendered following the trial court's

finding that C.C.J. violated the conditions of his pretrial diversion plans in two separate cases. C.C.J. raises multiple issues on appeal, including that the disposition orders

must be reversed because a certified legal intern represented C.C.J. at the violation

hearing on both cases but the record does not contain an executed written consent form

verifying his acceptance of representation by the intern. We agree that the law requires

a written consent for representation by a certified legal intern. R. Regulating Fla. Bar.

11-1.2(b), (e); see also C.B. v. State, 973 So. 2d 1285, 1285 (Fla. 4th DCA 2008)

(stating that "the lack of a written consent to representation by a certified legal intern is

fatal" even where "it appears that the supervising attorney was present and actively

participated in the defense of the juvenile"). We are therefore constrained to reverse

the disposition orders. We decline to address the other issues C.C.J. raises.

Reversed and remanded.

BADALAMENTI and SMITH, JJ., Concur.

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