Opinion
SC22-1319
01-13-2023
MARBEL MENDOZA Appellant(s) v. STATE OF FLORIDA Appellee(s)
Lower Tribunal No(s).: 131992CF009940C000XX; 3D22-1235
Marbel Mendoza, a prisoner under sentence of death, has filed a pro se notice of appeal in this Court seeking review of the circuit court's June 25, 2021, order denying his pro se motion for substitute postconviction counsel. We strike Mendoza's pro se notice of appeal and dismiss this case for two reasons. First, Mendoza has failed to allege an actual conflict of interest with appointed counsel that is cognizable under Florida law, see Fla. R. Crim. P. 3.851(b)(6), and death-sentenced defendants otherwise are precluded from appearing pro se in any postconviction appeal, see Gordon v. State, 75 So.3d 200, 202 (Fla. 2011). Second, the order Mendoza seeks to appeal is a nonfinal order in a death penalty postconviction proceeding that is governed by Florida Rule of Appellate Procedure 9.142(c) and subject to review by a petition in the form prescribed by Florida Rule of Appellate Procedure 9.100 that must be filed within 30 days of rendition of the nonfinal order to be reviewed. The time for Mendoza to invoke this Court's jurisdiction through a compliant petition has long since expired. Therefore, we strike Mendoza's pro se notice of appeal and dismiss the case.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, COURIEL, GROSSHANS, and FRANCIS, JJ., concur.
HON. MIGUEL MANUEL DE LA O, JUDGE.