Florida District Courts of Appeal, 2015

Douglas v. State

Douglas v. State
Florida District Courts of Appeal · Decided April 29, 2015 · Emas, Rothenberg, Wells
163 So. 3d 721; 2015 Fla. App. LEXIS 6220; 2015 WL 1945269 (Southern Reporter, Third Series)

Douglas v. State

Opinion of the Court

WELLS, Judge.

Douglas Edwards files this petition for writ of mandamus to compel the trial court to rule on his pending postconviction motions filed under Florida Rules of Criminal Procedure 3.800 and 3.850. Because the record below fails to demonstrate that either his Rule 3.850 motion, dated July 29, 2009, or his Rule 3.800 motion, dated October 28, 2014, was ever filed below, we deny the petition without prejudice to petitioner refiling these motions nunc pro tunc in the lower court.

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