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Abraham Jackson MPAKA, Petitioner, v. The STATE of Florida, Respondent.
Petitioner Abraham Mpaka filed a pro se Petition for Writ of Habeas Corpus alleging ineffective assistance of appellate counsel. However, Mpaka is presently represented by counsel in a pending direct appeal of his criminal convictions in case number 3D2023-1454. Accordingly, we are compelled to dismiss his Petition as unauthorized by law. See Johnson v. State, 974 So. 2d 363, 363-65 (Fla. 2008) (“Because Johnson is represented by court-appointed counsel in a pending appeal involving the same conviction and sentence, we dismiss the petition as unauthorized. We also take this opportunity to clarify that the rule we announced in Logan v. State, 846 So. 2d 472 (Fla. 2003), applies to pro se filings in this Court by litigants represented by counsel in criminal proceedings pending in a district court of appeal․ Any papers filed pro se, addressing matters that are related to such ongoing proceedings, whether in the form of a petition, notice, motion, or another form of request for relief, will be deemed unauthorized and subsequently dismissed.”).
Dismissed.
PER CURIAM.
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Docket No: No. 3D25-1014
Decided: June 11, 2025
Court: District Court of Appeal of Florida, Third District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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