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910 So. 2d 884

Verner v. State

District Court of Appeal of Florida

Decided August 26, 2005

District Court of Appeal of Florida · decided 2005-08-26

Relies on Salser v. State · Salser v. State

Decided 2005-08-26

PALMER, J.

¶1Eva 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.

¶2The 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).

¶3PETITION DISMISSED.

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