Summary
In Sload v. State, 782 So.2d 976, 976 (Fla. 5th DCA 2001), the Fifth District dismissed, as unauthorized, a criminal defendant's pro se petition for writ of habeas corpus, initially filed in this Court and transferred to the Fifth District, even though the petitioner had expressed some dissatisfaction with counsel in his petition, because it was "clear from the allegations of [the] petition" that he had been represented by counsel at the time he filed his petition.
Summary of this case from Logan v. StateOpinion
Case No. 5D01-628
Opinion filed April 12, 2001
Petition for Writ of Habeas Corpus,
A Case of Original Jurisdiction.
Petition Dismissed.
Richard H. Sload, Tavares, pro se.
No Appearance for Respondent.
Richard H. Sload seeks from this court a writ of habeas corpus. His petition was filed in the Supreme Court of Florida and transferred to this court.
Sload complains that he has been incarcerated in the Lake County Jail for over thirteen months and his case set for trial some eight times. He claims he neither asked for nor agreed to a continuance on any of the prior trial dates. He also complains that he has neither seen nor heard from his public defender since September 5, 2000.
Sload's petition cannot be entertained because it is clear from the allegations of his petition that he is presently being represented by counsel. See Salser v. State, 582 So.2d 12 (Fla. 5th DCA 1991), review dismissed, 613 So.2d 471 (Fla. 1993). Moreover, the petition is insufficient to show that he would be entitled to immediate release. It appears that Sload's complaint is with his legal representation, an issue that should be raised in the trial court.
PLEUS and ORFINGER, R.B., JJ., concur.