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Verner v. State

District Court of Appeal of Florida, Fifth District
Sep 21, 2005
910 So. 2d 884 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D05-2000.

August 26, 2005. Rehearing Denied September 21, 2005.

Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.

Eva Verner, Orlando, pro se.

No Appearance for Respondent.


Eva Verner filed a pro se petition seeking a writ of habeas corpus. We dismiss Verner's petition as being a nullity because she is presently being represented by counsel, and therefore, she is not authorized to proceed pro se.

The docket reflects that an order appointing a public defender was entered on May 25, 2005, and that a notice of appearance of attorney was entered on June 10, 2005. Although Verner alleges that the trial court "reluctantly" allowed her to represent herself, the record fails to support that allegation. Therefore, since Verner is represented by the public defender, her pro se petition filed on June 21, 2005 is a legal nullity. See Salser v. State, 582 So.2d 12 (Fla. 5th DCA 1991), rev. dismissed, 613 So.2d 471 (Fla. 1993).

PETITION DISMISSED.

PLEUS, C.J., and SHARP, W., J., concur.


Summaries of

Verner v. State

District Court of Appeal of Florida, Fifth District
Sep 21, 2005
910 So. 2d 884 (Fla. Dist. Ct. App. 2005)
Case details for

Verner v. State

Case Details

Full title:Eva VERNER, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 21, 2005

Citations

910 So. 2d 884 (Fla. Dist. Ct. App. 2005)