JAVONEY D. ROBERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2017-12-27
No. Case No. 2D16-5085
SLEET and BADALAMENTI, JJ., Concur. .
235 So. 3d 1001 Florida District Court of Appeal, Second District (2017) Caution
Cited by 14 cases


Opinion of the Court
SILBERMAN, Judge.

SILBERMAN, Judge.

We affirm the final order summarily denying Javoney D. Roberts’ petition for writ of mandamus without prejudice to allow him to file a facially sufficient petition that attaches a copy of his public records request that he made to the State Attorney’s Office. See Fla. R. Civ. P. 1.630(b); Gilliam v. State, 996 So.2d 966, 958 (Fla. 2d DCA 2008); Major v. Hallandale Beach Police Dep’t, 219 So.3d 856, 858 (Fla. 4th DCA 2017); Woodard v. State, 885 So.2d 444, 445 (Fla. 4th DCA 2004). If Roberts states a facially sufficient claim, then the circuit court must issue an alternative writ of mandamus requiring the State Attorney’s Office to show cause why Roberts is not entitled to the requested relief. See Fla. R. Civ. P. 1.630(d)(2); Gilliam, 996 So.2d at 968; Farmer v. State, 927 So.2d 1076, 1076 (Fla. 2d DCA 2006).

Affirmed without prejudice.

SLEET and BADALAMENTI, JJ., Concur. .


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  • Berben v. State, 268 So. 3d 235 (Fla. 5th DCA 2019)
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  • Turner v. State, 261 So. 3d 729 (Fla. 2d DCA 2018)
    …w law violation charges were set for trial. Ordinarily, when the trial court allegedly relies on improper sentencing considerations, the State must demonstrate that the trial court's sentencing decision was not so influenced. See N.D.W. v. State, 235 So. 3d 1001, 1002 (Fla. 2d DCA 2017) ("The burden is on the State to show that the trial court did not rely on the improper factor in imposing the sentence where it appears that the trial court may have done so." (first citing Fernandez, 212 So. 3d at 497; t…

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