IN THE SUPREME COURT OF FLORIDA

JOSEPH R. SPAZIANO,

Petitioner,

SEMINOLE COUNTY, FLORIDA,

Respondent.

JOSEPH R. SPAZIANO,

Petitioner,

v. CASE NOS. 92,801, 92,846 and

93,447 (Consolidated)

HARRY K. SINGLETARY, JR.,

SECRETARY, FLORIDA DEPARTMENT DISTRICT COURT OF APPEAL,

OF CORRECTIONS FIFTH DISTRICT - NOS. 98-1170

98-115

Respondent.

/ CIRCUIT COURT CASE NO.

SEMINOLE COUNTY, 75-430 CFA

Petitioner,

JOSEPH R. SPAZIANO,

Respondent.

MR. SPAZIANO'S ANSWER BRIEF TO AMICUS BRIEF OF FLORIDA

ASSOCIATION OF COUNTY ATTORNEYS AND ORANGE COUNTY

LAW OFFICES OF JAMES M. RUSS, LAW OFFICES OF DONALD R. WEST

P.A., 626 West Yale Street

Tinker Building, 18 West Pine Street Orlando, Florida 32804

Orlando, Florida 32801 407-425-9710

407-849-6050 DONALD R. WEST, ESQUIRE

407-849-6059 (FAX) Florida Bar No. 315941

JAMES M. RUSS, ESQUIRE

Florida Bar No. 069585

Counsel for Joseph R. Spaziano

TABLE OF CONTENTS

PAGE

TABLE OF CONTENTS i

PRELIMINARY STATEMENT 1

CONCLUSION 1

CERTIFICATE OF SERVICE 3

PRELIMINARY STATEMENT

The issues and arguments raised in this Amicus Brief are essentially a restatement of the same issues and arguments raised and stated in the Initial Brief and Reply Brief previously filed by the state and the county. Therefore, these same issues and argument have essentially been previously addressed in MR. SPAZIANO'S Answer Brief on the Merits dated August 7, 1998.

Therefore, in answer to this Amicus Brief, MR. SPAZIANO hereby adopts his Answer Brief on the Merits dated August 7, 1998.

CONCLUSION

DEFENSE COUNSEL ISSUES

Based upon the legal authorities and arguments contained in MR. SPAZIANO'S Answer Brief on the Merits dated August 7, 1998, this Court must provide MR. SPAZIANO with the following relief:

• an order reversing and vacating the March 13, 1998, Florida Fifth District Court of Appeal decision/opinion in Fifth District Case No. 98-00115; and

• an order affirming nunc pro tunc the December 11, 1997, order entered in the Circuit Court, Eighteenth Judicial Circuit of Florida, in State v. Spaziano, case no. 75-430 CFA, appointing co-counsel for MR. SPAZIANO at public expense.

DEFENSE SERVICES ISSUES

• an order affirming the January 30, 1998, and March 31, 1998, orders entered in the Circuit Court, Eighteenth Judicial Circuit of Florida, in State v. Spaziano, Case No. 75-430 CFA, ordering Seminole County, Florida, to pay Randy D. Fisher, Ph.D., by date certain Eight Thousand and no/100 Dollars ($8,000.00) for his professional services and funding for a community survey based upon his court appointment under trial court order dated November 13, 1997; and

• an order dismissing with prejudice the appeal/certiorari proceeding now pending in the Florida Fifth District Court of Appeal styled Seminole County, Florida v. Joseph R. Spaziano, Fifth District Case No. 98-1170.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that this Answer Brief is typed in 14 point CG Times, and a true and correct copy of the foregoing has been furnished by United States Mail this 20th day of August, 1998, to the Office of the Attorney General, 444 Seabreeze Boulevard, Suite 500, Daytona Beach, Florida 32118; to Susan Dietrich, Assistant County Attorney, Seminole County, Florida, 1101 East First Street, Sanford, Florida 32771; to George L. Dorsett, Assistant County Attorney, Orange County, Florida, 201 South Rosalind Avenue, Orlando, Florida 32802; and the original and seven copies have been sent via Federal Express to Honorable Sid J. White, Clerk, Supreme Court of Florida, 500 South Duval Street, Tallahassee, Florida 32399.

LAW OFFICES OF JAMES M. RUSS, P.A.

Tinker Building

18 West Pine Street

Orlando, Florida 32801

407-849-6050

407-849-6059 (FAX)

JAMES M. RUSS, ESQUIRE

Florida Bar No. 069585

DONALD R. WEST, ESQUIRE

LAW OFFICES OF DONALD R. WEST

626 West Yale Street

Orlando, Florida 32804

407-425-9710

Counsel for Joseph R. Spaziano