DAVID WAYNE WALDEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2005-07-11
No. 1D05-0308
ALLEN, WOLF, and BENTON, JJ., concur.
905 So. 2d 1045 Florida District Court of Appeal, First District (2005) Negative Treatment
Cited by 14 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

David Wayne Walden petitions this court for a writ of mandamus. He complains that he filed a motion to correct illegal sentence in the Circuit Court for Clay County in case number 94-937-CF in December 2002 and the motion was amended in October 2004. No disposition of the Rule 3.800 motion, however, has been forthcoming from the circuit court.

In our view the trial court’s delay in acting on the motion is unreasonable and a writ of mandamus is appropriate in the circumstances. The Attorney General of Florida, speaking on behalf of respondent, has expressed no objection to the relief sought by petitioner in this court. Accordingly, we grant the petition and issue the writ of mandamus. See Bernard v. State, 734 So. 2d 606 (Fla. 1st DCA 1999). The circuit court shall rule on the pending motion to correct illegal sentence within 45 days of issuance of mandate in this cause.

PETITION GRANTED; WRIT ISSUED.

ALLEN, WOLF, and BENTON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005)
    …Logan v. State, 846 So. 2d 472, 479 (Fla.2003); Coffelt v. State, 905 So. 2d 269, 270 (Fla. 2d DCA 2005); Lee v. State, 779 So. 2d 341, 342 n. 2 (Fla. 2d DCA 2000); Rodriguez v. State, 881 So. 2d 671, 673 (Fla. 5th DCA 2004). Compare Lopez v. State, 905 So. 2d 1045, 1047 (Fla. 2d DCA 2005) (exception for filing of pro se rule 3.800(b) motion after filing of appellate counsel’s initial brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967)). The rule 3.800(b)(2) motion file…
  • Green v. State, 910 So. 2d 394 (Fla. 2d DCA 2005)
    …sion of paraphernalia. Citing this court’s decision in Baskin v. State, 898 So. 2d 266 (Fla. 2d DCA 2005), the State concedes that it was error for Green to be sentenced by a judge other than the judge who accepted his plea. See also Lopez v. State, 905 So. 2d 1045 (Fla. 2d DCA 2005); Gay v. State, 898 So. 2d 1203 (Fla. 2d DCA 2005); Clemons v. State, 816 So. 2d 1180 (Fla. 2d DCA 2002). Accordingly, we reverse Green’s sentences and remand for resentencing before the original judge unless the State can demonstr…
  • Howard v. State, 920 So. 2d 764 (Fla. 2d DCA 2006)
    …costs, he did raise the issue in his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b). Because the trial court did not rule on the motion within sixty days, it is deemed denied. See Fla. R.Crim. P. 3.800(b)(2)(B); Lopez v. State, 905 So. 2d 1045, 1047 (Fla. 2d DCA 2005). The State filed a “cost motion” prior to sentencing, but the record contains no evidence supporting the request for costs. Thus, the State failed to meet its burden of demonstrating the amount of costs incurred, as requir…

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