Opinion
Case No. SC03-1057.
September 8, 2003.
Lower Tribunal No. CRC-98-13561-CFANO.
Petitioner has filed a "Petition for Writ of Habeas Corpus and/or for a Writ Prohibiting the County Court of Pinellas County from Activating any Jail Sentence because the Pinellas Circuit Court's Appellate Division has denied Petitioner's Repeated Requests for the Appointment of Competent and Conflict-Free Counsel to Assist Him with His Pending Misdemeanor Appeal, which has been treated as a petition for a writ of habeas corpus. The petition is hereby transferred, pursuant to Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999), to the Second District Court of Appeal. The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition has been properly denominated as a petition for a writ of habeas corpus. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court and is instructed to expedite consideration of the petition as it appears to be time sensitive based upon the allegations. In the event the transferee court determines that the petition should be treated as something other than a petition for a writ of habeas corpus, any determination concerning whether a filing fee shall be applicable to this petition shall be made by the transferee court.