Opinion
CASE NO.: SC14-942 Lower Tribunal No(s).: 1993 CF 000870A
06-23-2014
ERIC SCOTT BRANCH Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Eric Scott Branch, a prisoner under sentence of death, filed a pro se notice of appeal after the circuit court denied his motion to discharge counsel and reappoint new counsel. The notice of appeal is hereby stricken because Branch is represented by counsel and may not appear pro se in this Court. See 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). As a separate ground for dismissal of this appeal, Florida Rule of Criminal Procedure 9.142(c) provides that in capital cases, review of a nonfinal order must be sought by petition in the form prescribed by Florida Rule of Appellate Procedure 9.100. For these reasons, the case is hereby dismissed. POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
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John A. Tomasino
Clerk, Supreme Court
tw
Served:
CHARMAINE MILLSAPS
ERIC SCOTT BRANCH
HON. PAM CHILDERS, CLERK
MICHAEL PAUL REITER
JASON HENDLY CROMEY
JOHN A. MOLCHAN
HON. EDWARD PHILLIPS NICKINSON, III, JUDGE