RONALD J. HYDLE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
RONALD J. HYDLE, PETITIONER,
STATE OF FLORIDA, RESPONDENT
940 So. 2d 1288
Florida District Court of Appeal, Fifth District (2006)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Ronald J. Hydle has filed a petition for a belated appeal of his criminal conviction. We deny the petition without prejudice to file a legally sufficient petition consistent with Florida Rule of Appellate Procedure 9.141(c). See also Vasquez v. State, 901 So. 2d 425 (Fla. 5th DCA 2005).
PETITION DENIED.
PALMER, ORFINGER and TORPY, JJ., concur.
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Citator
Cited By
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Kuehl v. Ric L. Bradshaw, 954 So. 2d 653 (Fla. 4th DCA 2007)…et to court. The trial court denied the motion. The denial of a rule 3.800(c) motion to mitigate is not appealable; however, there is a narrow exception that provides for certiorari review where the motion is denied as untimely. See Terry v. State, 940 So. 2d 1288 (Fla. 5th DCA 2006); Diaz v. State, 931 So. 2d 1002 (Fla. 3d DCA 2006). Mandamus is proper to compel a public official to perform a ministerial duty. The trial court did not have a ministerial duty to hold a hearing on the motion to mitigate. Outsid…
Authorities Cited
- Todd v. State, 901 So. 2d 425 (Fla. 5th DCA 2005)
- Vasquez v. State, 901 So. 2d 425 (Fla. 5th DCA 2005)