RICHARD H. SLOAD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A writ of habeas corpus cannot be entertained when the petitioner is represented by counsel and the petition fails to show entitlement to immediate release.
Richard H. Sload, incarcerated for over thirteen months, sought a writ of habeas corpus, complaining of numerous trial continuances and lack of commun…
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GRIFFIN, J.
Richard H. Sload seeks from this court a writ of habeas corpus. His petition was filed in the Supreme Court of Florida and transferred to this court.
Sload complains that he has been incarcerated in the Lake County Jail for over thirteen months and his case set for trial some eight times. He claims he neither asked for nor agreed to a continuance on any of the prior trial dates. He also complains that he has neither seen nor heard from his public defender since September 5, 2000.
Sload’s petition cannot be entertained because it is clear from the allegations of his petition that he is presently being represented by counsel. See Salser v. State, 582 So. 2d 12 (Fla. 5th DCA 1991), review dismissed, 613 So. 2d 471 (Fla.1998). Moreover, the petition is insufficient to show that he would be entitled to immediate release. It appears that Sload’s complaint is with his legal representation, an issue that should be raised in the trial court.
Petition DISMISSED.
PLEUS and ORFINGER, R.B., JJ„ concur.
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Logan v. State, 846 So. 2d 472 (Fla. 2003)…generally dissatisfied with counsel or counsel’s performance. It must instead depend upon a clear statement from the defendant that he or she wishes to discharge court-appointed counsel due to counsel’s perceived ineffectiveness. In Sload v. State, 782 So. 2d 976, 976 (Fla. 5th DCA 2001), the Fifth District dismissed, as unauthorized, a criminal defendant’s pro se petition for writ of habeas corpus, initially filed in this Court and transferred to the Fifth District, even though the petitioner had expressed…
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Hightower v. State, 819 So. 2d 939 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRMED. See Sload v. State, 782 So. 2d 976 (Fla. 5th DCA 2001); Franklin v. State, 473 So. 2d 763 (Fla. 1st DCA 1985). PETERSON, SAWAYA and ORFINGER, R.B., JJ., concur.…
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Martin v. Sheriff Edward Bieluch, 786 So. 2d 1229 (Fla. 4th DCA 2001)…titioner seeks a writ of habeas corpus alleging that he is entitled to immediate release from confinement. Because petitioner alleges that he is represented by counsel in the trial court proceedings, we dismiss these proceedings. See Sload v. State, 782 So. 2d 976 (Fla. 5th DCA 2001)(habeas petition could not be entertained where petitioner was being represented by counsel). Moreover, his petition is insufficient to show that he would be entitled to immediate release. See id. The petition alleges that the Dep…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Salser v. State, 582 So. 2d 12 (Fla. 5th DCA 1991)
- Salser v. State, 613 So. 2d 471 (Fla. 1993)