Opinion
Case No. SC05-1855.
February 7, 2006.
Upon review of petitioner's response to the Court's order to show cause and the State's reply, it appears to the Court that petitioner has filed the instant pro se petition while represented by counsel. The petition for writ of habeas corpus is hereby stricken as an unauthorized pleading, and the cause is dismissed. See, e.g., Logan v. State, 846 So. 2d 472 (Fla. 2003) (announcing that the Court would no longer entertain pro se extraordinary writ petition from criminal defendents seeking affirmative relief in the context of pending trial court criminal cases when a petitioner is clearly represented by counsel and there is no indication of seeking to discharge counsel); Gilbert v. Singletary, 632 So. 2d 1104, 1104 (Fla. 4th DCA 1994) (refusing to entertain pro se habeas petition where petitioner was represented by counsel and direct appeal was pending; "[A] party may not be simultaneously represented by counsel and yet file pro se pleadings or petitions in the same case."). The "Emergency Motion to Stay Petitioner's Direct Appeal in Saldana v. State, 2nd DCA Case 2D05-1777" is denied.
WELLS, ANSTEAD, QUINCE, CANTERO and BELL, JJ., concur.