Christopher Valdez v. the State of Florida

• Court: District Court of Appeal of Florida
• Decided: April 16, 2025
• Docket: 3D2024-1241
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 16, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1241 Lower Tribunal No. 19-CF-543-A-K ________________

Christopher Valdez, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Monroe County, James W. Morgan, III, Judge.

Christopher Valdez, in proper person.

James Uthmeier, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.

Before FERNANDEZ, LINDSEY, and BOKOR, JJ.

PER CURIAM. Appellant Christopher Valdez pled guilty to several felony offenses and

was sentenced on July 1, 2024. The next day, attorney Colleen Reed filed

a Notice of Appearance on Valdez’s behalf. Reed had already been named

as counsel for Valdez in an Emergency Joint Motion by the parties

concerning jail credit, which was filed on June 28 and granted by the trial

court on July 3. On July 11, Valdez filed a pro se Notice of Appeal, initiating

the instant appeal. The record contains neither a Motion to Withdraw by

Reed, nor any filing by Valdez complaining of Reed’s performance or

requesting that she be removed as counsel.

A pro se filing by a criminal defendant who is represented by counsel

is unauthorized by law and treated as a nullity. Logan v. State, 846 So. 2d

472, 473-79 (Fla. 2003). The only exception to this rule occurs when the

filing is a clear and unequivocal statement that the defendant wishes to

discharge counsel. Id. at 477. This exception does not apply here.

Accordingly, we treat the notice of appeal as a nullity and dismiss the appeal.

Dismissed.