MATTHEW PREVATT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The petition for a writ of habeas corpus is dismissed because the petitioner cannot simultaneously be represented by counsel and elect self-representation, and because he failed to seek a bail reduction in the trial court first.
Petitioner, incarcerated on DUI charges, sought a writ of habeas corpus for pretrial release or bail reduction, alleging his bond was set at $150,000.…
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GRIFFIN, J.
Petitioner, appearing pro se, seeks a writ of habeas corpus to obtain pretrial release or a reduction in the amount of his bail bond. Petitioner alleges that he has been incarcerated almost nine moths, since April 23, 2000, on charges of DUI manslaughter and DUI with serious bodily injury. Petitioner says his bond is set in the amount of $150,000.
It appears that petitioner is represented by counsel, as he states in his petition that his present incarceration makes it ex tremely difficult to consult with his defense attorney. Petitioner cannot be represented by counsel and at the same time elect self-representation. Salser v. State, 582 So. 2d 12 (Fla. 5th DCA 1991); Studnicka v. Carlisle, 567 So. 2d 17 (Fla. 4th DCA 1990), review denied, 576 So. 2d 292 (Fla.1991); Sheppard v. State, 391 So. 2d 346 (Fla. 5th DCA 1980). Accordingly, we are bound to dismiss the petition. If petitioner is entitled to the relief he seeks, he should pursue it through counsel.
We also note that the instant petition would be legally insufficient, because petitioner did not allege that he first sought a motion for reduction of bail in the trial court. See State ex rel. Scaldeferri v. Sandstrom, 285 So. 2d 409 (Fla.1973).
Petition DISMISSED.
PETERSON and ORFINGER, R.B., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Verdell Hill, Jr. v. State, 391 So. 2d 346 (Fla. 5th DCA 1980)
- State of Fla. ex rel. William Scaldeferri v. Sandstrom, 285 So. 2d 409 (Fla. 1973)
- Salser v. State, 582 So. 2d 12 (Fla. 5th DCA 1991)
- Studnicka v. Carlisle, 567 So. 2d 17 (Fla. 4th DCA 1990)
- Coscan Fla., Inc. v. Equiventure Florida, 567 So. 2d 17 (Fla. 3d DCA 1990)