Opinion
No. SC13–846.
2013-07-12
Daniel JON PETERKA, Appellant(s) v. STATE of Florida, Appellee(s).
Daniel Jon Peterka, a prisoner under sentence of death, files a pro se appeal after the circuit court denied a successive motion for postconviction relief. On May 16, 2013, this Court issued an order to show cause as to why Peterka's notice of appeal should not be stricken as Peterka is represented by counsel. The Court, having reviewed the responses to this Court's order to show cause, strikes the notice of appeal as Peterka is represented by counsel. Gordon v. State, 75 So.3d 200, 202 (Fla.2011) (holding that death-sentenced appellants may not appear pro se in any postconviction appeals before this Court); Davis v. State, 789 So.2d 978, 979–80 (Fla.2001) (holding that there is no state constitutional right to self-representation on direct appeal). Therefore, the case is hereby dismissed.