State gives guarantees to Florida Supreme Court that they have faxed the filing to defense

IN THE SUPREME COURT OF FLORIDA

STATE OF FLORIDA,

Petitioner,

v. Case No. SC06-2391

IAN DECO LIGHTBOURNE,

Respondents.

____________________________/

NOTICE OF COMPLIANCE OF SERVICE VIA FAX

COMES NOW undersigned counsel and responds to Lightbourne’s
Motion for Opportunity to be heard dated August 10, 2007, and
would show:

1. On today’s date, counsel for Lightbourne filed the
above-styled motion wherein paragraph (2) they assert that “On
August 10, 2007, Petitioner discovered on this Court’s online
docket that the Respondent had filed a response to Petitioner’s
motion. At the time of filing this motion for opportunity to be
heard, Mr. Lightbourne had yet to receive a service copy via
facsimile as certified by Respondent.” (Emphasis added).

2. Attached hereto is a copy of the Tallahassee Capital
Appeals fax machine journal from number 850-487-0997, wherein on
page (2) there reflects a journal entry of the fax transmittal
to Ms. Suzanne Keffer, the second from the bottom on that
journal page, reflecting that at 17:26, on August 9, 2007, 8

pages were transmitted to 813-740-3554, Ms. Keffer’s fax machine
number. The journal entry reflects that the transmittal was
completed successfully and that the cover page and 7 pages of
the Response in Opposition to Petitioner’s Emergency Motion to
Vacate, etc., was transmitted. (Appendix A).

3. The State has transmitted a second copy via fax to that
number contemporaneous to the filing of this Notice of
Compliance of Service. (Appendix B).

Respectfully submitted,

BILL McCOLLUM

ATTORNEY GENERAL

_____________________________

CAROLYN M. SNURKOWSKI

Assistant Deputy Attorney General

Florida Bar No. 158541

OFFICE OF THE ATTORNEY GENERAL

The Capitol

Tallahassee, FL 32399-1050

(850) 414-3300

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above
has been furnished by FAX and U.S. Mail to: Suzanne Myers
Keffer, Assistant CCRC-South, 101 NE Third Ave., Suite 400, Ft.
Lauderdale, Florida 33301, and Rock E. Hooker, Office of the
State Attorney, 19 N.W. Pine Avenue, Ocala, FL 34475, and Judge
Carven D. Angel, Circuit Court Judge, Marion County Justice
Center, 110 N.W. First Ave., Room 3A, Ocala, Florida 34475, on
this 10th day of August, 2007.

_____________________________________

Of Counsel