Florida District Courts of Appeal, 2013

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided October 2, 2013 · Gross, Levine, Taylor
123 So. 3d 646; 2013 WL 5474822; 2013 Fla. App. LEXIS 15524 (Southern Reporter, Third Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Affirmed. Concerning the conversion of appellant’s drug offender probation to regular probation with special conditions, see Smith v. State, 71 So.3d 246 (Fla. 4th DCA 2011), the trial court’s order on remand *647reflects it already has undertaken to order a resentencing hearing, but appellant argues the hearing has not yet been set. As to that ground, his remedy is to bring the matter to the trial court’s attention, requesting a setting of the hearing, and then, if the trial court unreasonably delays thereafter, to file a petition for writ of mandamus with this court. See generally Clark v. State, 908 So.2d 597 (Fla. 4th DCA 2005).

GROSS, TAYLOR and LEVINE, JJ., concur.

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