FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D2024-0005 _____________________________ MARK JASON DAVIS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________

Petition for Writ of Mandamus—Original Proceeding.

January 15, 2025 PER CURIAM.

Upon consideration of the response docketed September 23, 2024, and the supplemental response, docketed September 30, 2024, the court converts what originally was filed as an appeal to a mandamus proceeding. See Fla. R. App. P. 9.040(c). The court treats the initial brief, docketed October 21, 2024, as a petition for writ of mandamus. We dismiss because a defendant does not have a clear legal right to the trial court’s consideration of a supplemental claim under Florida Rule of Criminal Procedure 3.850 where the claim was filed more than two years after his judgment and sentence became final.

DISMISSED.

B.L. THOMAS, WINOKUR, and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Mark Jason Davis, pro se, Appellant.

Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.