IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT

MARK SCHMIDTER, ET AL.,
    Appellant

v.
CASE NO. 5D11-2588,  5D11-3036

STATE OF FLORIDA
    Appellee

______________________

MOTION TO CLARIFY

    COMES NOW, Appellant, State of Florida, pursuant to Florida Rules of Appellate Procedure, 9.300, and requests this Court to clarify the status of the above styled cases.  As grounds therefor Appellee states:

    1.This is an appeal from a judgment and sentence for criminal contempt.(1)
_________________
    1. The consolidated cases involve two different defendants/appellants; however both were convicted of criminal contempt based on similar facts.
_______________________

    2. On May 8, 2011, the Court granted an order consolidating the two above styled cases at the parties’ request.

    3. On May 21, 2012, appellant from case number 5D11-3036, Julien Heicklen (Heicklen), filed a letter with the Court informing the Court he no longer wished to be represented by his attorney.  On the same day, Heicklen filed a pro se initial brief.

    4. On June 1, 2012, Adam Sudbury, counsel for the appellants in both cases, filed an initial brief in both cases.
  
     5. Despite the fact that the cases were previously consolidated, the pro se brief was not docketed in case number 5D11-2588.  Furthermore, the initial brief filed by counsel was not docketed in case number 5D11-3036.

    Wherefore, based upon the foregoing, Appellee respectively requests this Court clarify whether or not the above styled cases have been consolidated for all purposes; whether Heicklen will be permitted to proceed pro se; and which answer brief or briefs Appellee will be responsible for responding to.

PAMELA JO BONDI
ATTORNEY GENERAL

(Signed by Megan Saillant)
MEGAN SAILLANT
ASSISTANT ATTORNEY GENERAL
Fla. Bar #42092
444 Seabreeze Boulevard
5th Floor
Fsytons Beach, FL 32118
(386) 238-4990
(386) 238-4997 (fax)
Mega.Saillant@myfloridalegal.com
COUNSEL FOR APPELLEE

CERTIFICATE OF SERVICE
    I HEREBY CERTIFY  that a true and correct copy of the above foregoing Motion to clarify has been furnished by delivery via U. S. mail to Adam H. Sudbury, counsel for Appellants, 424 E. Central Blvd,. #307, Orlando, Florida 32801-1923, this 5th day of June, 2012. (2)
__________________
A courtesy copy was emailed on the same day to pro se Appellant Julian Heicklen at: julian13heicklen@gmail.com.
_____________________

CERTIFICATE OF COMPLIANCE
    I HEREBY CERTIFY that this Motion to Clarify was typed  in 12 point Courier New as required by rule 9.210(a) (2).

(Signed by Megan Saillant)
MEGAN SAILLANT
COUNSEL FOR APPELLEE