IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RANDY SPENCER, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED v. CASE NO. 1D14-0647 STATE OF FLORIDA, Respondent. ___________________________/ Opinion filed October 16, 2014.

Petition for Writ of Certiorari -- Original Jurisdiction.

Randy Spencer, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

It appearing petitioner has been sentenced in the proceedings in the lower tribunal and has taken a direct appeal of the judgment and sentence in case number 1D14-2644, this petition for writ of certiorari challenging the trial court’s denial of his motion to dismiss is dismissed. This dismissal is without prejudice to petitioner’s arguing the denial on direct appeal.

THOMAS, ROBERTS, and ROWE, JJ., CONCUR.