HARTWELL BALDWIN, PETITIONER,
v.
HON. RICHARD F. CONRAD, CIRCUIT COURT JUDGE, ETC., RESPONDENTS

Fla. 5th DCA | 1991-01-17
No. 90-1996
COBB and GOSHORN, JJ., concur.
572 So. 2d 1033 Florida District Court of Appeal, Fifth District (1991) Caution
Cited by 12 cases

Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

Petitioner has sought this court’s writ of mandamus to require the circuit court judge to rule on his motion to correct sentence. Petitioner is entitled to have the trial judge rule, and the ruling should have occurred after due consideration upon receipt of the motion. We withhold issuance of the writ in full confidence that the trial judge will rule upon the motion upon receipt of this opinion.

It is so ordered.

COBB and GOSHORN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (12 total)

  • Hines v. State, 737 So. 2d 1182 (Fla. 1st DCA 1999)
    …ed to no more than a consensual police-citizen encounter independent of the Fourth Amendment. Florida v. Bostick, 501 U.S. 429, 438, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991); State v. Baldwin, 686 So. 2d 682, 685 (Fla. 1st DCA 1996); State v. Barnett, 572 So. 2d 1033 (Fla. 2d DCA 1991) (officer’s request for defendant’s driver’s license and vehicle identification data constituted police-citizen encounter that did not trigger protections of Fourth Amendment). Hines notes, however, that where an officer stops a ve…
  • State v. Baldwin, 686 So. 2d 682 (Fla. 1st DCA 1996)
    …d proper consensual encounter, not a seizure. Bostick, 501 U.S. at 434, 111 S.Ct. at 2386, 115 L.Ed.2d at 398 (1991) (“[A] seizure does not occur simply because a police officer approaches an individual and asks a few questions.”); State v. Barnett, 572 So. 2d 1033 (Fla. 2d DCA) (after determining that the person they sought was not in the car they had stopped, officers still were justified in asking the driver for identification, and their requests for a driver’s license and vehicular papers merely continued…
  • Baez v. State, 814 So. 2d 1149 (Fla. 4th DCA 2002)
    …r these circumstances, without founded suspicion, and ask the driver to identify himself. Popple v. State, 626 So. 2d 185 (Fla.1993). He may also ask to see the driver’s license. Hines v. State, 737 So. 2d 1182 (Fla. 1st DCA 1999); State v. Barnett, 572 So. 2d 1033 (Fla. 2d DCA 1991). In Barna v. State, 636 So. 2d 571 (Fla. 4th DCA 1994), the defendant had been standing in a parking lot behind a bar at night. Officers approached and told him that there had been drug activity and other crime in the parking lot…

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