Opinion
CASE NO.: 2D16–4784
12-08-2016
Kenneth HAYES Appellant/Petitioner(s), v. STATE of Florida Appellee/Respondent(s).
BY ORDER OF THE COURT:
The petitioner filed a notice of appeal to institute this proceeding. The court informed the petitioner by order dated November 9, 2016, that the proceeding would proceed in prohibition and directed the filing of a petition. The petitioner has filed an "initial brief," which the court will treat as the petition for writ of prohibition. The petition for writ of prohibition is denied. See Fla. R. Crim. P. 3.191 (e) ; Espinueva v. State, 946 So. 2d 624 (Fla. 4th DCA 2007). The petitioner's motion to proceed in forma pauperis and motion for appointment of counsel are denied as moot.
VILLANTI, C.J., and WALLACE and BLACK, JJ., Concur.