RONALD LEE CLARK, JR., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2007-04-16
No. 1D07-0070
KAHN, POLSTON, and THOMAS, JJ., Concur.
954 So. 2d 685 Florida District Court of Appeal, First District (2007) Positive Treatment
Cited by 25 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This petition for writ of mandamus seeks to compel a ruling on a motion for postconviction relief. The clerk of the circuit court has certified that a thorough search of the circuit court case file and docket shows no record of the motion. Because there is no motion pending below, the petition for writ of mandamus is denied.

Petitioner has tendered to this court a copy of the motion for postconviction relief which includes a date stamp on the face of the motion showing that it was given to prison officials for mailing on June 30, 2005. Accordingly, within 30 days petitioner shall file with the circuit court a copy of the motion for postconviction relief which includes the date stamp from the correctional institution. See Bronson v. State, 751 So. 2d 619 (Fla. 4th DCA 1999). The circuit court shall thereafter rule forthwith.

PETITION DENIED.

KAHN, POLSTON, and THOMAS, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (13 total)

  • Clark v. State, 55 So. 3d 674 (Fla. 1st DCA 2011)
    …he merits. A diligent search of this court’s files through its case management system has not revealed the filing of the petition seeking belated appeal at issue. Accordingly, the petition for writ of mandamus is hereby denied. See Clark v. State, 954 So. 2d 685 (Fla. 1st DCA 2007). This disposition is without prejudice to petitioner’s right to file in this court a petition seeking a belated appeal with the date stamp reflecting when it was originally given to prison officials for mailing. PETITION DENIED…
  • Carliss M. Johnson v. State, 31 So. 3d 833 (Fla. 1st DCA 2010)
    …PER CURIAM. DENIED. See Clark v. State, 954 So. 2d 685 (Fla. 1st DCA 2007). HAWKES, C.J., ROBERTS and CLARK, JJ., concur.…
  • Payne v. State, 981 So. 2d 1239 (Fla. 1st DCA 2008)
    …PER CURIAM. It appearing that the circuit court has not received the motion to correct illegal sentence petitioner complains has not been timely considered, the petition for writ of mandamus is denied. See Clark v. State, 954 So. 2d 685 (Fla. 1st DCA 2007). This disposition is without prejudice to petitioner’s right to refile his motion with the lower tribunal. BROWNING, C.J., VAN NORTWICK and LEWIS, JJ., concur.…

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