MCCRAY v. STATE (2021)

District Court of Appeal of Florida, First District.

Bruce MCCRAY, Petitioner, v. STATE of Florida, Respondent.

No. 1D19-4679

Decided: April 20, 2021

Bruce McCray, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

Upon consideration of Petitioner's response docketed January 19, 2021, the second amended petition for writ of habeas corpus is dismissed. See Logan v. State, 846 So. 2d 472 (Fla. 2003) (holding that, generally, a defendant has no right to represent himself in an extraordinary writ petition in the appellate court while he is represented by counsel in the criminal case pending in the lower tribunal); Marsh v. State, 919 So. 2d 540 (Fla. 3d DCA 2005) (finding a pro se petition for writ of mandamus a nullity where petitioner was represented by counsel below in an involuntary civil commitment proceeding).

Per Curiam.

Lewis, Roberts, and M.K. Thomas, JJ., concur.

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