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C.C.J. v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Oct 2, 2019
279 So. 3d 880 (Fla. Dist. Ct. App. 2019)

Opinion

Case No. 2D17-5113

10-02-2019

C.C.J., Appellant, v. STATE of Florida, Appellee.

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.


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.


Summaries of

C.C.J. v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Oct 2, 2019
279 So. 3d 880 (Fla. Dist. Ct. App. 2019)
Case details for

C.C.J. v. State

Case Details

Full title:C.C.J., Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Oct 2, 2019

Citations

279 So. 3d 880 (Fla. Dist. Ct. App. 2019)