PEDRO ROMAN
v.
STATE OF FLORIDA
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A trial court's denial of a Rule 3.850 motion for post-conviction relief may be affirmed without prejudice when the appellant can pursue a mandamus petition to obtain necessary records and transcripts.
[1] A trial court's denial of a Rule 3.850 post-conviction relief motion may be affirmed without prejudice to the defendant's right to file a petition for writ of mandamus in…
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Join FLexlaw to unlock all legal intelligencePedro Roman appealed a trial court's order denying his Rule 3.850 motion for post-conviction relief in a criminal case from Palm Beach County.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
PEDRO ROMAN, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D18-1840
[October 31, 2018]
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Samantha Schosberg Feuer, Judge; L.T. Case No. 2011CF006736B.
Pedro Roman, Bowling Green, pro se.
No appearance required for appellee.
PER CURIAM.
We affirm the trial court’s order denying appellant’s motion for postconviction relief without prejudice to appellant filing a petition for writ of mandamus in the trial court to obtain his records and trial transcripts. See Bush v. State, 947 So. 2d 685, 686 (Fla. 4th DCA 2007).
DAMOORGIAN, CIKLIN and KLINGENSMITH, JJ., concur.
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