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Johnson v. State

District Court of Appeal of Florida, First District
Dec 12, 2005
915 So. 2d 774 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D05-0607.

December 12, 2005.

Petition for Writ of Mandamus — Original Jurisdiction.

Danny B. Johnson, petitioner, pro se.

Charlie Crist, Attorney General, and Tracy Lee Cooper, Assistant Attorney General, Tallahassee, for respondent.


Danny B. Johnson seeks mandamus relief to compel the circuit court to rule on a motion for postconviction relief he filed in July 2004. Although it appears that the delay in ruling on Johnson's postconviction claims is attributable at least in part to his request for leave to amend his motion below, the state's response to our order to show cause fails to describe any circumstances that would justify the continuing delay at this point. Accordingly, the petition for writ of mandamus is granted, and the circuit court is directed to enter an order within 30 days either denying Johnson's postconviction claims or, if appropriate, scheduling an evidentiary hearing thereon.

PETITION FOR WRIT OF MANDAMUS GRANTED.

ERVIN, DAVIS and BENTON, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, First District
Dec 12, 2005
915 So. 2d 774 (Fla. Dist. Ct. App. 2005)
Case details for

Johnson v. State

Case Details

Full title:Danny B. JOHNSON, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, First District

Date published: Dec 12, 2005

Citations

915 So. 2d 774 (Fla. Dist. Ct. App. 2005)