Verner v. State

District Court of Appeal of Florida

Verner v. State

910 So. 2d 884, 2005 Fla. App. LEXIS 13387, 2005 WL 2043549

CourtDistrict Court of Appeal of Florida

DecidedAugust 26, 2005

DocketNo. 5D05-2000

StatusPublished

This text of 910 So. 2d 884 (Verner v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Verner v. State, 910 So. 2d 884, 2005 Fla. App. LEXIS 13387, 2005 WL 2043549 (Fla. Ct. App. 2005).

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Opinion

PALMER, J.

Eva Verner filed a pro se petition seeking a writ of habeas corpus. We dismiss Verner’s petition as being a nullity because she is presently being represented by counsel, and therefore, she is not authorized to proceed pro se.

The docket reflects that an order appointing a public defender was entered on May 25, 2005, and that a notice of appearance of attorney was entered on June 10, 2005. Although Verner alleges that the trial court “reluctantly” allowed her to represent herself, the record fails to support that allegation. Therefore, since Verner is represented by the public defender, her pro se petition filed on June 21, 2005 is a legal nullity. See Salser v. State, 582 So.2d 12 (Fla. 5th DCA 1991), rev. dismissed, 613 So.2d 471 (Fla.1993).

PETITION DISMISSED.

PLEUS, C.J., and SHARP, W., J., concur.

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PALMER, J.

Eva Verner filed a pro se petition seeking a writ of habeas corpus. We dismiss Verner’s petition as being a nullity because she is presently being represented by counsel, and therefore, she is not authorized to proceed pro se.

The docket reflects that an order appointing a public defender was entered on May 25, 2005, and that a notice of appearance of attorney was entered on June 10, 2005. Although Verner alleges that the trial court “reluctantly” allowed her to represent herself, the record fails to support that allegation. Therefore, since Verner is represented by the public defender, her pro se petition filed on June 21, 2005 is a legal nullity. See Salser v. State, 582 So.2d 12 (Fla. 5th DCA 1991), rev. dismissed, 613 So.2d 471 (Fla.1993).

PETITION DISMISSED.

PLEUS, C.J., and SHARP, W., J., concur.

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910 So. 2d 884, 2005 Fla. App. LEXIS 13387, 2005 WL 2043549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verner-v-state-fladistctapp-2005.

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