Opinion
No. 1D22-0928
07-13-2022
Phynerrian MANNING, Petitioner, v. Tommy FORD, Sheriff of Bay County, Respondent.
Phynerrian Manning, pro se, Petitioner. No appearance for Respondent.
Phynerrian Manning, pro se, Petitioner.
No appearance for Respondent.
Per Curiam.
The Court dismisses the petition for writ of habeas corpus as unauthorized. See Manning v. State , 328 So. 3d 396 (Fla. 1st DCA 2021) ; see also Logan v. State , 846 So. 2d 472 (Fla. 2003) (holding that, generally, a criminal defendant cannot proceed pro se while represented by counsel); Carlisle v. State , 773 So. 2d 647, 648 (Fla. 5th DCA 2000) (explaining that counsel in lower court retains status as counsel for party in appellate court pursuant to Florida Rule of Appellate Procedure 9.360(b) ).
Additionally, the Court treats Petitioner's response to the order to show cause as a request to waive counsel under Florida Rule of Criminal Procedure 3.111(d). See Fla. R. App. P. 9.040(c) ("If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought...").
Finally, the Court transfers the request to waive counsel to the Circuit Court of the Fourteenth Judicial Circuit, in and for Bay County, Florida. See Fla. R. App. P. 9.040(b) ("If a proceeding is commenced in an inappropriate court, [then] that court shall transfer the cause to an appropriate court.").
Lewis, B.L. Thomas, and Long, JJ., concur.