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973 So. 2d 1285

Docket No. 4D07-2137.

CB v. State

C.B. A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 20, 2008.

District Court of Appeal of Florida · decided 2008-02-20

Relies on L.R. v. State · Rogers v. State · R.M. v. State

Decided 2008-02-20

¶1Carey Haughwout, Public Defender, and Elisabeth Porter, Assistant Public Defender, West Palm Beach, for appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

¶3MAY, J.

¶4A juvenile appeals a disposition order entered following an adjudicatory hearing on the charge of resisting an officer without violence. He argues that the order must be reversed because he was represented by a certified legal intern, but the record does not contain an executed written consent form verifying his acceptance of representation by the intern. We agree and reverse.

¶5In R.M. v. State,664 So.2d 42, 43 (Fla. 4th DCA 1995), we held that the lack of a written consent to representation by a certified legal intern is fatal. See also L.R. v. State,698 So.2d 915, 916 (Fla. 4th DCA 1997) (reversing an adjudication because the written consent form contained the wrong name of the certified legal intern); M.C. v. State,687 So.2d 832, 833 (Fla. 4th DCA 1997) (reversing an adjudication because the juvenile did not execute a written waiver of his right to be represented by an attorney). The outcome here must be the same even though it appears that the supervising attorney was present and actively participated in the defense of the juvenile.

¶6Reversed and remanded.

¶7STONE and POLEN, JJ., concur.

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