DAVID ROMERO, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2008-07-30
No. 3D08-1067
Before RAMIREZ, SHEPHERD, and ROTHENBERG, JJ.
987 So. 2d 774 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 3 cases


Opinion of the Court
ROTHENBERG, J.

ROTHENBERG, J.

We deny without prejudice David Romero’s petition for writ of mandamus wherein he seeks to compel the trial court to rule on his motion to correct an illegal sentence filed on or about September 28, 2007. The State has responded, stating that an assistant attorney general contacted the trial court, which indicated that defendant’s motion to correct an illegal sentence cannot be located. Moreover, upon Romero’s filing of a motion to compel, the trial court denied the Motion to Compel, instructing Romero to re-file his motion to correct illegal sentence.1 We, therefore, deny the petition for writ of mandamus without prejudice to allow Romero to re-file his motion so that the trial court may immediately rule on it. If Romero re-files his motion, we direct him to serve a copy of the motion on both the Office of the Attorney General and this Court, referencing this case number. Petition denied without prejudice.

. The State failed to provide this Court with a copy of this order.


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  • Maurio Boyd v. State, 1 So. 3d 1186 (Fla. 2d DCA 2009)
    …eight of the evidence. Id. Hearsay evidence in the form of a victim’s statement, combined with non-hearsay evidence corroborating the statement, is often sufficient to support a violation of probation. See Russell, 982 So. 2d at 646; M.S. v. State, 987 So. 2d 774 (Fla. 4th DCA 2008); Kalmbach v. State, 988 So. 2d 1279 (Fla. 5th DCA 2008). In Russell, the supreme court found that under the facts of that case, nonhearsay evidence, including testimony of an observation of victim injury, was sufficient to suppor…
  • …him violated the ex post facto clause of the federal constitution. (Doc. 1 at 5, 9.) The DNA database statute, codified at Fla. Stat. § 943.325, “requires any person convicted of certain enumerated offenses to submit to DNA testing.” M.S. v. State, 987 So. 2d 774, 777 (Fla. 4th DCA 2008). Davis alleges that he was convicted of burglary in 1998. (Doc. 1 at 5.) At the time, Florida law did not require persons convicted of burglary to submit blood specimens for inclusion in the statewide DNA database. See Fla.…

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