Opinion
No. SC13–945.
2013-11-6
Eric Scott BRANCH, Appellant(s) v. STATE of Florida, Appellee(s).
Eric Scott Branch, a prisoner under sentence of death, files a pro se appeal after the circuit court denied his counsel's motion to withdraw and, because Branch was represented by counsel, struck Branch's postconviction motion to produce or disclose evidence, initial and amended motion for postconviction DNA testing, “1983 Civil Rights Action,” motion for consolidation, and successive motion for postconviction relief without prejudice. The Court strikes the notice of appeal as Branch is represented by counsel. Gordon v. State, 75 So.3d 200, 202 (Fla.2011) (holding that death-sentenced appellants may not appear pro se in any postconviction appeals before this Court); Davis v. State, 789 So.2d 978, 979–80 (Fla.2001) (holding that there is no state constitutional right to self-representation on direct appeal). Therefore, the case is hereby dismissed.