LUIS M. AGUILAR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LUIS M. AGUILAR, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
807 So. 2d 804
Florida District Court of Appeal, Third District (2002)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
After conducting the evidentiary hearing ordered in Aguilar v. State, 756 So. 2d 257 (Fla. 3d DCA 2000), upon the “defendant’s claim of misrepresentations by counsel as to the length of sentence and eligibility for gain time,” Aguilar, 756 So. 2d at 258, the trial court found that no such misrepresentation had occurred. We find no error in this finding, which is amply supported by the record below, nor in the denial of Aguilar’s request for counsel. See Graham v. State, 372 So. 2d 1363 (Fla.1979). Accordingly, the order denying post-conviction relief is affirmed.
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Bostic v. State, 875 So. 2d 785 (Fla. 2d DCA 2004)…ested copy; an indisputable legal duty on the part of the clerk to provide it under Florida Rule of Judicial Administration 2.051, see T.T. v. State, 689 So. 2d 1209, 1211 (Fla. 3d DCA 1997); and no adequate remedy at law. See also Tedesco v. State, 807 So. 2d 804 (Fla. 4th DCA 2002). Therefore, the trial court erred in failing to follow the proper procedure by proceeding directly to hear and rule on the merits of the petition. See Conner, 541 So. 2d at 1256. Accordingly, we reverse and instruct the trial co…
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Itturaldes v. The Honorable Lydia Gardner, 820 So. 2d 444 (Fla. 5th DCA 2002)…remedy would be to seek a Petition for Mandamus in 'the Circuit Court. Further, review by appeal or mandamus would only then be appropriate in the District Court of Appeal based on the Circuit Court’s action or refusal to act. See Tedesco v. State, 807 So. 2d 804 (Fla. 4th DCA 2002). Petition for Writ of Mandamus DENIED without Prejudice. PETERSON, J., concurs. GRIFFIN, J., concurs specially with opinion, in which PETERSON, J., concurs.…
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Sapp v. Clerk of Court for the 17th Jud. Cir., 284 So. 3d 1032 (Fla. 4th DCA 2023)…284 So. 3d 1032 (Fla. 2d DCA 2019); see also Scott v. Lee Cnty. Sch. Bd., 310 So. 3d 163, 165 (Fla. 2d DCA 2021); Tedesco v. State, 807 So. 2d 804 (Fla. 4th DCA 2002); Itturaldes v. Gardner, 820 So. 2d 444, 445 (Fla. 5th DCA 2002). This transfer shall not be construed as a comment upon the merits of the petition. WARNER, GROSS and LEVINE, JJ., concur. Served: cc: Attorney General-W.P.B. Clerk…
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- The Petition of Andrew A. Graham v. State, 372 So. 2d 1363 (Fla. 1979)
- Aguilar v. State, 756 So. 2d 257 (Fla. 3d DCA 2000)