PATTERSON v. STATE (2018)

On November 5, 2018, Petitioner Dimitri Patterson filed, pro se, two emergency petitions in this Court. While not entirely clear from Petitioner's pro se filings, it appears that in case no. 3D18-2228 Petitioner is seeking a writ of habeas corpus, asserting that he is entitled to immediate discharge in lower tribunal case no. F17-16392 because of an alleged speedy trial rule violation. In case no. 3D18-2229, it appears that Petitioner is seeking a writ from this Court prohibiting Hon. Oscar Rodriguez-Fonts from presiding over lower tribunal case no. F17-16392.

On November 7, 2018, this Court issued an order holding the instant petitions in abeyance for a period not to exceed thirty days to allow both: (1) the trial court to adjudicate Petitioner's pending motions, and (2) Petitioner to file with this Court an appropriate appendix in each case, including a copy of any trial court order of which Petitioner seeks review. In addition, because it was unclear whether Petitioner is represented by an attorney in lower tribunal case no. F17-16392, this Court also directed the State to notify the Court as to whether Petitioner is represented by legal counsel in the lower proceedings and, if so, the name of such counsel.

On November 13, 2018, the State filed a response to the Court's November 7, 2018 order notifying the Court that Petitioner's listed counsel, Barry Witlin, has not been officially discharged in lower tribunal case no. F17-16392, and that Petitioner's request to fire Mr. Witlin as his attorney and act as his own counsel remains pending in the lower court proceeding.

Because Petitioner is currently represented by counsel in lower tribunal case no. F17-16392, the instant pro se petitions in this Court (3D18-2228 and 3D18-2229) are not authorized. See Logan v. State, 846 So. 2d 472 (Fla. 2003) (concluding that, as a general rule, a pro se pleading by a represented criminal defendant is a “nullity”). Accordingly, we dismiss Petitioner's pro se petitions (3D18-2228 and 3D18-2229) as unauthorized. Petitioner's emergency motion to expedite ruling on the petition for writ of habeas corpus (3D18-2228) is denied as moot.

SALTER, SCALES and LINDSEY, JJ., concur.