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RUSSO v. AKERS

No. 97-2166.

701 So.2d 366 (1997)

James RUSSO, Public Defender, etc, Petitioner, v. Wesley AKERS, Respondent.

District Court of Appeal of Florida, Fifth District.

October 24, 1997.

Attorney(s) appearing for the Case

Blaise Trettis, Viera, for Petitioner.

No appearance for Respondent.

W. SHARP, Judge.

James Russo, the Public Defender for the Eighteenth Judicial Circuit, seeks a writ of certiorari quashing an order requiring the public defender to represent an indigent defendant, Wesley Akers, in the evidentiary hearing on Akers' Rule 3.850 motion. The Public Defender argues that section 924.051(9), Florida Statutes (Supp.1996), prohibits the use of state employees, such as public defenders, in collateral proceedings in non-capital cases unless...

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