WILLIE PERRY, APPELLANT,
v.
BROWARD COUNTY SHERIFF, KEN JENNE, APPELLEE

Fla. 4th DCA | 2001-02-21
No. 4D99-1698
WARNER, C.J., KLEIN and TAYLOR, JJ., concur.
778 So. 2d 479 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Appellant’s request for relief through mandamus was not only improper, see Eberhardt v. Eberhardt, 590 So. 2d 1134 (Fla. 4th DCA 1992), but it was also untimely as measured from the date of the order denying his status as indigent. See Fla.R.App.P. 9.100(c).

WARNER, C.J., KLEIN and TAYLOR, JJ., concur.


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    …nstrate otherwise. Sanders, 386 So. 2d at 257. Having concluded that the information sufficiently charged robbery with a firearm, we find that it was unnecessary for the state to prove that the firearm was operable. See, e.g., St. Hilaire v. State, 778 So. 2d 479 (Fla. 4th DCA 2001); Ahlberg v. State, 541 So. 2d 775 (Fla. 3d DCA 1989). Thus, McMillan’s argument that the trial court abused its discretion in allowing the state to reopen its case is rendered moot. Even if it were not moot, this court has previo…

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