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Florida District Courts of Appeal, 2002

Simmons v. State

Simmons v. State
Florida District Courts of Appeal · Decided October 11, 2002 · Griffin, Harris, Sharp
827 So. 2d 390; 2002 Fla. App. LEXIS 14603; 2002 WL 31267778 (Southern Reporter, Second Series)

Simmons v. State

Opinion of the Court

PER CURIAM.

Johnny Leslie Simmons seeks from this court a writ of mandamus. We deny his petition without prejudice as premature. His petition was filed in this court on August 20, 2002, but the underlying motion to vacate, set aside or correct sentence was filed in the trial court on July 23, 2002, less than one month earlier. This is not an unreasonable delay on the part of the trial court in ruling on the underlying motion.

PETITION DENIED.

SHARP, W., HARRIS and GRIFFIN, JJ., concur.

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