Office of Criminal Conflict & Civil Regional Counsel, First District v. Bruner

District Court of Appeal of Florida

Office of Criminal Conflict & Civil Regional Counsel, First District v. Bruner

19 So. 3d 447, 2009 Fla. App. LEXIS 15772, 2009 WL 3350047

District Court of Appeal of Florida·Decided October 20, 2009·No. 1D09-2594·Published·Cited by 1 cases

Opinion

BARFIELD, J.

The Office of Criminal Conflict and Civil Regional Counsel petitions this court for a writ of certiorari, challenging an order entered upon the circuit court’s appointment of this petitioner to represent a convicted *448 felon in an evidentiary hearing under Florida Rule of Criminal Procedure 3.850. In appointing the petitioner, the circuit court declined to follow the precedent established in Deen v. Wilson, 1 So.3d 1179 (Fla. 5th DCA 2009), and improperly made the appointment in this collateral criminal proceeding without statutory authorization. That was a departure from the essential requirements of law, without an adequate remedy by later appeal, so as to warrant relief by certiorari. The petition is therefore granted, and the challenged order is quashed.

KAHN and VAN NORTWICK, JJ., concur.

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BARFIELD, J.

The Office of Criminal Conflict and Civil Regional Counsel petitions this court for a writ of certiorari, challenging an order entered upon the circuit court’s appointment of this petitioner to represent a convicted *448 felon in an evidentiary hearing under Florida Rule of Criminal Procedure 3.850. In appointing the petitioner, the circuit court declined to follow the precedent established in Deen v. Wilson, 1 So.3d 1179 (Fla. 5th DCA 2009), and improperly made the appointment in this collateral criminal proceeding without statutory authorization. That was a departure from the essential requirements of law, without an adequate remedy by later appeal, so as to warrant relief by certiorari. The petition is therefore granted, and the challenged order is quashed.

KAHN and VAN NORTWICK, JJ., concur.

Office of Criminal Conflict & Civil Regional Counsel, First District v. Bruner, 19 So. 3d 447, 2009 Fla. App. LEXIS 15772, 2009 WL 3350047 (Fla. Ct. App. 2009).

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Opinion

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