GONZALEZ v. STATE (2021)

District Court of Appeal of Florida, Third District.

Marlon Leroy GONZALEZ, Appellant(s)/petitioner(s), v. The STATE of Florida, Appellee(s)/respondent(s).

CASE NO.: 3D21-0267

Decided: January 20, 2021

Petitioner is deemed insolvent and may proceed in forma pauperis for purposes of this cause.

Petitioner seeks from this Court a writ compelling the trial court to adjudicate Petitioner's pro se May 2019 motion to dismiss. The trial court struck Petitioner's motion, via an August 2019 order, because Petitioner was represented by counsel. See Logan v. State, 846 So. 2d 472 (Fla. 2003). The docket below reveals that Petitioner is still represented by counsel (although different counsel than who represented Petitioner in 2019). We, therefore, dismiss the instant Petition pursuant to Logan.

FERNANDEZ, SCALES and HENDON, JJ., concur.

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