Bruce McCray v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D19-4679 _____________________________ BRUCE MCCRAY, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________ Petition for Writ of Habeas Corpus—Original Jurisdiction. April 20, 2021 PER CURIAM. 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). LEWIS, ROBERTS, and M.K. THOMAS, JJ., concur.  _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Bruce McCray, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent. 2