IN THE SUPREME COURT OF THE STATE OF FLORIDA

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1 IN THE SUPREME COURT OF THE STATE OF FLORIDA DEBRA LAFAVE, Petitioner, Case No.: SC v. Lower Court Nos.: 2D CF STATE OF FLORIDA, Respondent. MOTION TO WITHDRAW AS COUNSEL FOR PETITIONER DEBRA LAFAVE COMES NOW the Petitioner Debra LaFave, by and through her undersigned attorneys, and for the reasons set forth herein, respectfully moves the Court to allow the undersigned to withdraw as counsel so that the Public Defender, who has already been appointed, may enter the case. The undersigned and his law firm represented Ms. LaFave in connection with the State s appeal to the Second District Court of Appeal. On August 15, 2012, the Second District Court of Appeal ruled for the State and against Ms. LaFave but in the opinion certified a question of great public importance. At the request of the petitioner, on August 27, 2012 the undersigned filed a Motion for Rehearing and Motion for Rehearing En Banc with the Second District Court of Appeal.

2 The petitioner also advised the undersigned that once all avenues of appeal with the Second District Court of Appeal were exhausted, she then wanted the undersigned to file a notice to invoke the jurisdiction of the Supreme Court of Florida because of the fact that the Second District Court of Appeal in their opinion had certified a question of great public importance while ruling against Ms. LaFave. The petitioner also advised the undersigned that she was without any funds whatsoever to pay either attorney s fees or expenses for any further proceedings in the case, including seeking Supreme Court jurisdiction or handling the appeal if the Supreme Court accepted jurisdiction. On September 10, 2012 the petitioner filed an Application for Criminal Indigent Status and on this same date, the Clerk of the Thirteenth Judicial Circuit determined that the petitioner was indigent and appointed the Public Defender to represent the petitioner. On October 9, 2012, the Second District Court of Appeal denied the Motion for Rehearing and Motion for Rehearing En Banc. Thereafter, the petitioner again advised the undersigned that she wished to seek Supreme Court review of her case and also requested that a Motion to Stay the Second District Court of Appeal s opinion be filed. The petitioner had not had any contact with the Public Defender and out of an abundance of caution to protect the record and at the express direction of the petitioner, on October 26, 2012 the undersigned filed a Notice to Invoke Jurisdiction with the Supreme Court and also filed a Motion for Stay with the Second District Court of Appeal. On November 14, 2012, the Second District Court of Appeal denied the petitioner s request for a stay. 2

3 The petitioner then requested the undersigned to file a Motion for Stay with the Supreme Court and such a motion was filed on November 26, The Motion for Stay was denied by the Supreme Court on December 13, On December 31, 2012 the Supreme Court of Florida accepted jurisdiction of this case. The petitioner remains without funds and at the present time the Public Defender remains appointed. The undersigned believes that he has done everything reasonably possible to protect the record in this cause and also to comply with the wishes of the petitioner. The undersigned received the Supreme Court s notice accepting jurisdiction on January 4, 2013 (postmarked January 2, 2013 and since then has had discussions with the Public Defender. The Public Defender is prepared to immediately and formally enter the case and to move forward with handling the appeal before the Supreme Court but has advised that it is necessary for the undersigned to withdraw from representation of the petitioner before the Public Defender can formally enter the case. Accordingly, for the reasons set forth herein, the undersigned respectfully moves the court to allow him, his law firm and B. Kay Klein of his firm to withdraw from representation of the petitioner so that the Public Defender can then enter the case. The undersigned represents that he has discussed this motion with the petitioner and is authorized to state that she agrees with this motion and also agrees to representation by the Public Defender in place of the undersigned and his law firm. Pursuant to Rule 9.440, Florida Rules of 3

4 Appellate Procedure, a copy of this motion has been provided to the petitioner by and regular mail. JOHN M. FITZGIBBONS Florida Bar No The Law Offices of John M. Fitzgibbons Tampa Theatre Building 707 North Franklin Street, Suite 700 Tampa, Florida Telephone: ( B. KAY KLEIN Florida Bar No The Law Offices of John M. Fitzgibbons Tampa Theatre Building 707 North Franklin Street, Suite 700 Tampa, Florida Telephone: (

5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished by (U.S. Mail(hand-delivery to the following on this day of January, Debra Beasley LaFave 904 Stindle Palm Way Apollo Beach, Florida Cerese Crawford Taylor Assistant Attorney General Attorney General s Office Criminal Appeals Division 3507 Frontage Road, Suite 200 Concourse Center #4 Tampa, Florida JOHN M. FITZGIBBONS 5