AUDREY YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1998-07-15
No. 98-1760
STONE, C.J., and GLICKSTEIN, DELL, GUNTHER, POLEN, FARMER, KLEIN, STEVENSON, SHAHOOD, GROSS and TAYLOR, JJ., concur.
718 So. 2d 203 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Fourth District Court of Appeal granted the Public Defender of the Fifteenth Judicial Circuit's motion to withdraw from an appeal and mandated compliance with Florida Rule of Appellate Procedure 9.140(b)(5)(A)(v), which requires the local circuit court's public defender to serve as appellate counsel until the record is transmitted to the appellate court. The court clarified that the practice of appointing the Palm Beach County Public Defender immediately was procedurally improper and operationally inefficient.


Holding

The court granted the motion to withdraw and held that Florida Rule of Appellate Procedure 9.140(b)(5)(A)(v) mandates that the local public defender of the circuit court where the appellant was tried must be appointed as appellate counsel until the record is transmitted to the appellate court. The appointment of the Fifteenth Circuit Public Defender (Palm Beach) was improper; the Seventeenth Circuit Public Defender (Broward) must be appointed until the record is filed.


Headnotes

[1] In publicly-funded cases, the public defender for the local circuit court shall initially be appointed as appellate counsel until the record is transmitted to the appella…

[2] The trial court judge should appoint the local public defender's office to represent an appellant until the record is transmitted to the appellate court when the appellan…

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Key Quotes

“In publicly-funded cases, the public defender for the local circuit court shall initially be appointed until the record is transmitted to the appellate court.”

Statement of the mandatory rule from Florida Rule of Appellate Procedure 9.140(b)(5)(A)(v) that governs appointment of appellate counsel.

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Facts & Procedural History

Audrey Young appealed a conviction from Broward County (Seventeenth Judicial Circuit). Private counsel sought withdrawal, and the trial court appointe…

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Opinion of the Court
WARNER, Judge.

WARNER, Judge.

We grant the motion to withdraw filed by the Public Defender of the Fifteenth Judicial Circuit and write to remind this district’s judges and priv.ate criminal defense attorneys of the necessity to observe the requirements of Florida Rule of Appellate Procedure 9.140(b)(5)(A)(v).

Appellant, through private counsel, filed a notice of appeal from a final judgment of conviction rendered in Broward County, the Seventeenth Judicial Circuit. Private counsel sought to withdraw and requested the appointment of the Public Defender of the Fifteenth Judicial Circuit to replace him. The circuit court approved the withdrawal and appointed the Public Defender of the Fifteenth Judicial Circuit to continue as appellate counsel.

We have received the motion of the Public Defender of the Fifteenth Judicial Circuit requesting withdrawal and the appointment of the Public Defender of the Seventeenth Judicial Circuit to continue as counsel for appellant until the record is filed, in conformance with Rule 9.140(b)(5)(A)(v), which states that:

In publicly-funded cases, the public defender for the local circuit court shall initially be appointed until the record is transmitted to the appellate court.

In addition, section 27.51(4)(d), Florida Statutes (1995), provides that the Public Defender in the Fifteenth Judicial Circuit may designate the Public Defender’s Office in Palm Beach County as appellate counsel “after the record on appeal is transmitted to the appellate court. ...” (emphasis added).

It is essential to the proper processing of an appeal that representation on appeal continue with the local public defender or a specially appointed public defender in the county where the appellant was tried so that the attorney can superintend the preparation of the record on appeal. The Public Defender of the Fifteenth Judicial Circuit is exemplary in the representation that it provides to its clients both in the quality of the work and its efficiency. It does not, however, have access to the clerk’s computer in Broward County and must relay all requests for information regarding record preparation to the Broward Public Defender’s Office (who has such access) or the Broward Clerk’s office personnel in order to ascertain the reason for record preparation problems when they occur. Because of this, involvement of the Public Defender of the Fifteenth Judicial Circuit can actually impede the prompt preparation of the record due to the distance separating its office in Palm Beach from the clerk in Broward County.

While we are aware that Broward Circuit Court judges have made it a practice for many years simply to directly appoint the Public Defender in Palm Beach County as appellate counsel, due to the issues which have arisen with record preparation, we now mandate that the rules of appellate procedure and the statute be followed. Hereafter, when the appellant moves for appointment of counsel on appeal, the trial court judge should appoint the local public defender’s office to represent the appellant until the record is transmitted to the appellate court. If a special public defender has represented the appellant at trial and there remains an issue of conflict with the local public defender’s office, then the special public defender shall continue as appellate counsel until the record on appeal is filed, unless the trial court appoints an appellate special public defender who assumes the duties of preparation of the record.

We therefore grant the motion to withdraw and direct that the Public Defender of the Seventeenth Judicial Circuit be appointed to represent appellant until the record is filed in this court.

STONE, C.J., and GLICKSTEIN, DELL, GUNTHER, POLEN, FARMER, KLEIN, STEVENSON, SHAHOOD, GROSS and TAYLOR, JJ., concur.


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Citator

Cited By

  • Donnie L. Stokes v. State, 768 So. 2d 1207 (Fla. 2d DCA 2000)
    …e appointment of both the Sixth2 and Tenth Circuit Public Defenders requires vacation. The Fourth District discussed the mechanics of this statute and the inappropriateness of appointments such as the one under consideration here in Young v. State, 718 So. 2d 203 (Fla. 4th DCA 1998). We cannot improve its analysis, and we adopt Young without qualification. The practical factor that demands the outcome we reach here — and what presumably motivated the legislature to adopt the scheme set out in section 27.51…

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