GREGORY AYALA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Gregory Ayala, represented by counsel in a burglary case, filed a pro se motion to be brought to trial and subsequently appealed the trial court's denial of that motion. The appellate court dismissed the appeal and related mandamus petition, holding that a represented defendant's pro se filings are nullities under Logan v. State.
A represented defendant's pro se filings and appeals are nullities under Logan v. State. Because Ayala was represented by counsel, his pro se motion was properly denied by the trial court, and his subsequent pro se appeal and petition for writ of mandamus are without legal effect and must be dismissed.
[1] A pro se motion filed by a defendant who is represented by counsel is a legal nullity and must be denied.
[2] An appeal and petition for writ of mandamus filed by a defendant who is represented by counsel are nullities and subject to dismissal.
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Join FLexlaw to unlock all legal intelligence“because Ayala'was represented by counsel, the Motion was a nullity and the trial court was required to deny it”
Establishes the core rule from Logan v. State that represented defendants' pro se filings are nullities
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Join FLexlaw to unlock all legal intelligenceAyala was charged in April 2014 with burglary of an occupied dwelling and possession of burglary tools. Despite being represented by counsel (as evide…
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Gregory Ayala (“Ayala”,), Appellant and Petitioner, appeals the trial court’s order that summarily denied Ayala’s pro se motion styled, “Motion To Be Brought To Trial To Adjudicate Pending Case/Warrant/Charge Still Outstanding Within This Court’s Jurisdiction” (the “Motion”).
After Ayala filed both his notice of appeal of the trial court’s order and his initial appellate brief (both pro se), Ayala also filed with this Court a pro se petition for writ, of mandamus. While not entirely clear from Ayala’s petition, it appears that Ayala seeks to have this Court dismiss the April 2014 criminal information filed against Ayala. The information charges Ayala with burglary of an occupied dwelling and possession of burglary tools.
We ordered the State to respond to both Ayala’s initial brief and his petition for writ of mandamus. The State filed a response in the form of a motion to dismiss both Ayala’?, appeal and. his petition for writ of mandamus; and filed a contemporaneous motion, which we grant, to supplement the record on appeal to include a document omitted from the record transmitted to this Court, to wit: a June 2014 Notice of Appearance, Written Plea of Not Guilty, and Request for Discovery, filed in the lower court by Ayala’s counsel.
The State’s motion to dismiss argues, pursuant to Logan v. State, that because Ayala’was represented by counsel, the Motion was a nullity and the trial court was required to deny it. Logan v. State, 846 So.2d 472, 479 (Fla.2003). The State’s motion to dismiss also maintains that, because Ayala is still represented by counsel in the lower court case,' Ayala’s appeal and petition for writ of mandamus to this Court are nullities and, therefore, should be dismissed.
The State’s motion to dismiss is well taken. Both Ayala’s .appeal and his petition for,writ of mandamus are dismissed based on the authority of Logan v. State. 1
Appeal dismissed; petition for writ' of mandamus dismissed.'
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Citator
Authorities Cited
- Logan v. State, 846 So. 2d 472 (Fla. 2003)
- Sheppard v. State, 17 So. 3d 275 (Fla. 2009)