STATE
v.
OFFICE OF PD

Fla. 5th DCA | 2018-07-23
No. 5D18-686
Florida District Court of Appeal, Fifth District (2018)

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Holding

The Office of the Public Defender lacks authority to intervene in civil traffic infraction cases.


Headnotes

[1] The Office of the Public Defender is without authority to intervene in civil traffic infraction cases.

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Facts & Procedural History

The State petitioned for a writ of quo warranto seeking to challenge the Office of the Public Defender's authority to intervene in civil traffic infra…

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Opinion of the Court

ORFINGER, J.

The State of Florida appeals the circuit court’s order denying its petition for a writ of quo warranto, challenging the Office of Public Defender’s authority to intervene in civil traffic infraction cases. Based on our opinion in State v. Grate, No. 5D18-683 (Fla. 5th

DCA July 27, 2018), issued simultaneously herewith, we treat this matter as a direct appeal, reverse the circuit court’s order, and remand with instructions to grant the petition.1

REVERSED and REMANDED.

WALLIS and LAMBERT, JJ., concur.

Footnotes
1 The circuit court considered this matter with a three-judge panel. Judge Paulk dissented and would have granted the petition.

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