Florida District Courts of Appeal, 1977

Breamfield v. Smith

Breamfield v. Smith
Florida District Courts of Appeal · Decided October 25, 1977 · Downey, Letts, Moore
351 So. 2d 368; 1977 Fla. App. LEXIS 16612 (Southern Reporter, Second Series)

Breamfield v. Smith

Opinion of the Court

PER CURIAM.

Subsequent to the receipt of the response of the respondent herein this court received a certified copy of an Order of the Circuit Court in St. Lucie County Case No. 2851, State of Florida v. Thomas Breamfield, in which the court ruled upon petitioner’s motion for post conviction relief, filed pursuant to Fla.R.Crim.P. 3.850. The entry of said Order is the relief which the petitioner sought by virtue of this petition for writ of mandamus, thus rendering this proceeding moot.

Accordingly, the petition for peremptory writ of mandamus is DENIED.

DOWNEY, LETTS and MOORE, JJ., concur.

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