Keion Ware v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: February 7, 2024
• Docket: 2023-1912
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 7, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1912 Lower Tribunal No. F20-11402 ________________

Keion Ware, Petitioner,

vs.

The State of Florida, Respondent.

A Case of Original Jurisdiction – Prohibition.

Keion Ware, in proper person.

Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for respondent.

Before SCALES, LINDSEY, and MILLER, JJ.

PER CURIAM. Petitioner Keion Ware, pro se, seeks a writ of prohibition based on the

trial court’s denial of his motion to recuse the trial judge. Because Petitioner

is currently being represented by counsel—and counsel has not adopted the

motion to recuse—we dismiss. See, e.g., Sheppard v. State, 17 So. 3d 275,

282 (Fla. 2009) (“We reaffirm our holding in Logan[1] and Johnson[2] to

dismiss pro se extraordinary writ petitions filed in this Court while a defendant

is simultaneously being represented by counsel in ongoing criminal

proceedings in either the trial or appellate court.”).

1 Logan v. State, 846 So. 2d 472 (Fla. 2003). 2 Johnson v. State, 974 So. 2d 363 (Fla. 2008).