Thatcher Gates v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-3748 _____________________________ THATCHER GATES, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________ Petition for Writ of Mandamus—Original Jurisdiction. February 25, 2021 PER CURIAM. Upon consideration of Petitioner’s response docketed January 11, 2021, the petition for writ of mandamus 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). BILBREY, NORDBY, and LONG, JJ., concur.  _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Thatcher Gates, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent. 2