WILLIAM WALLER DUVAL, APPELLANT,
v.
STATE OF FLORIDA
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The court held that a claim regarding representation by a Certified Legal Intern, who is not an attorney, can be raised in a motion for postconviction relief.
Appellant sought postconviction relief, alleging he was represented at trial by a Certified Legal Intern without his knowledge or consent. The trial c…
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PER CURIAM.
William Waller Duval appeals an order denying his motion for postconviction relief. Duval claims that he learned, following his sentencing, that one of the persons representing him at trial was a Certified Legal Intern. Duval claims that he was never made aware that the intern was not an attorney and that he would not, and did not, consent to being represented by a nonattor-ney.
The trial court conducted an evidentiary hearing but did not enter a ruling on the merits of the motion. Instead, the court concluded that this issue could not be raised in a collateral attack on the judgment and that Duval’s only recourse to challenge the status of his representative at trial is on plenary appeal. The trial court is incorrect. This issue may be raised in a motion for postconviction relief. See Cheatham v. State, 364 So. 2d 83, 84 (Fla. 3d DCA 1978); see also Wilson v. Wainwright, 474 So. 2d 1162 (Fla.1985); Aldridge v. State, 425 So. 2d 1132 (Fla.1982).
Accordingly, we reverse. The trial court shall address the merits of Duval’s motion on remand. If necessary, the trial court may conduct a new evidentiary hearing to evaluate Duval’s claim.
Reversed and remanded.
DANAHY, A.C.J., and PATTERSON and NORTHCUTT, JJ., concur.
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Citator
Cited By
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Duval v. State, 744 So. 2d 523 (Fla. 2d DCA 1999)…concluding that the issue should have been raised in the direct appeal. This court reversed, concluding that the matter could properly be raised in a postconviction motion, and the matter was remanded for additional proceedings. See Duval v. State, 709 So. 2d 132 (Fla. 2d DCA 1998). This appeal resulted. . The only record evidence on the issue comes from the case progress abstract, which lists on the trial date "ASST. PUB. DEF: JOHN SZPAKOWSKI AND CHRISTINE BLACK.” . Section 454.23, Florida Statutes (1995)…
Authorities Cited
- Wilson v. Louie L. Wainwright, 474 So. 2d 1162 (Fla. 1985)
- Levis Leon Aldridge v. State, 425 So. 2d 1132 (Fla. 1982)
- Cheatham v. State, 364 So. 2d 83 (Fla. 3d DCA 1978)