JOSE O. DUQUE, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2008-04-30
No. 3D08-831
Before RAMIREZ, CORTINAS, and ROTHENBERG, JJ.
983 So. 2d 35 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Petitioner has filed for Writ of Mandamus, which is the improper vehicle for review of his motion for post-conviction relief pursuant to Rule 3.850. We treat his petition as a notice of appeal and affirm.

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  • Harvey v. State, 11 So. 3d 457 (Fla. 3d DCA 2009)
    …are a post-conviction petition. The trial court summarily denied the motion. We treat this petition as an appeal from the trial court’s summary denial of Harvey’s motion to reset the time for filing a rule 3.850 petition. See, e.g., Duque v. State, 983 So. 2d 35 (Fla. 3d DCA 2008) (treating petition for mandamus as a notice of appeal); accord Reddick v. Lando, 673 So. 2d 92 (Fla. 3d DCA 1996). The trial court should have considered that an un-counseled prisoner held in an out-of-state jurisdiction who is no…

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