Filed: Sep. 21, 2020
Latest Update: Sep. 21, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D20-752 _ PERCY ALLEN STUCKS, Petitioner, v. STATE OF FLORIDA, Respondent. _ Petition for Writ of Prohibition—Original Jurisdiction. September 21, 2020 PER CURIAM. Percy Allen Stucks has filed a pro se petition for writ of prohibition seeking review of the trial court’s “Order Denying Defendant’s Motion to Dismiss Pursuant to Florida Statutes 776.032 Justifiable Use of Force ‘Stand Your Ground.’” In case number 1D18-1460, this Court dismisse
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D20-752 _ PERCY ALLEN STUCKS, Petitioner, v. STATE OF FLORIDA, Respondent. _ Petition for Writ of Prohibition—Original Jurisdiction. September 21, 2020 PER CURIAM. Percy Allen Stucks has filed a pro se petition for writ of prohibition seeking review of the trial court’s “Order Denying Defendant’s Motion to Dismiss Pursuant to Florida Statutes 776.032 Justifiable Use of Force ‘Stand Your Ground.’” In case number 1D18-1460, this Court dismissed..
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-752
_____________________________
PERCY ALLEN STUCKS,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
Petition for Writ of Prohibition—Original Jurisdiction.
September 21, 2020
PER CURIAM.
Percy Allen Stucks has filed a pro se petition for writ of
prohibition seeking review of the trial court’s “Order Denying
Defendant’s Motion to Dismiss Pursuant to Florida Statutes
776.032 Justifiable Use of Force ‘Stand Your Ground.’” In case
number 1D18-1460, this Court dismissed an identical petition as
unauthorized pursuant to Logan v. State, 846 So. 2d 472 (Fla.
2003) (holding that, generally, a criminal defendant has no right
to partially represent himself and, at the same time, be partially
represented by counsel). When Stucks filed an original petition for
writ of prohibition directly in the Florida Supreme Court, the
supreme court likewise dismissed his case based on Logan. Stucks
v. State, No. SC19-2067,
2020 WL 639398 (Fla. Feb. 11, 2020).
Nothing in the current record has changed in regard to Stucks’
pro se petition. Stucks still retains counsel below to represent him
in his criminal case; nothing in his petition indicates he sought, or
would be seeking, to discharge counsel in that proceeding as
required by Logan. 846 So. 2d at 474. Therefore, in light of the
decisions from this Court and our supreme court, we dismiss the
petition with prejudice as being barred by the doctrine of res
judicata. See Fla. Dep’t of Transp. v. Juliano,
801 So. 2d 101 (Fla.
2001); Hyland v. Inch,
291 So. 3d 1024 (Fla. 1st DCA 2020).
DISMISSED.
RAY, C.J., and BILBREY and JAY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Percy Allen Stucks, pro se, Petitioner.
Ashley Moody, Attorney General, and Daren L. Shippy, Assistant
Attorney General, Tallahassee, for Respondent.
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