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OFFICE OF PUBLIC DEFENDER v. STATE

No. 97-3222.

714 So.2d 1083 (1998)

The OFFICE OF the PUBLIC DEFENDER, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Certification Denied August 12, 1998.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and John E. Morrison, Assistant Public Defender, for petitioner.

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for respondent.

Before COPE, GODERICH and SORONDO, JJ.

GODERICH, Judge.

The Office of the Public Defender [public defender] petitions this Court for a writ of mandamus to compel the lower tribunal committing magistrates, who preside over the felony first appearance hearings, to inquire at the first appearance hearing into each defendant's ability to employ counsel. The system that is currently being employed is that the magistrates automatically appoint the public defender in all cases where private counsel does not appear...

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