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Randle v. State

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Frankie E. Randle, Petitioner, v. The State of Florida, Respondent.No. 3D08-219. District Court of Appeal of Florida, Third District. Opinion filed September 24, 2008. Lower Tribunal No. 00-21271. A Case of Original Jurisdiction ? Mandamus. Frankie E. Randle, in proper person. Bill McCollum, Attorney General, and Richard L. Polin, Assistant Attorney General, for respondent. Before WELLS, ROTHENBERG and SALTER, JJ. WELLS, Judge. The defendant seeks a petition for writ of mandamus, compelling the lower court to hold a hearing and to rule on his post-conviction motion filed on or about January 8, 2007. We grant the petition and issue the writ. See Fletcher v. State, 973 So. 2d 666 (Fla. 3d DCA 2008) (granting a petition for writ of mandamus where the lower court had not heard or ruled on a post-conviction motion for nineteen months); Johnson v...continue to full post

Full post as published by Florida Criminal Law Opinions on September 24, 2008 (boomark / email).