Opinion
Case No. SC04-1138.
January 31, 2005.
Lower Tribunal No. 2003-34594CFAES.
Appellant has submitted a motion to issue writ of certiorari which this Court now treats as a Notice of Appeal from conviction and sentence. Having determined that the issues involved in this appeal appear to be within the jurisdiction of the Fifth District Court of Appeal, this case is hereby transferred to that court to be considered in conjunction with the petitioner's currently pending direct appeal. The transferee court shall treat the notice as if it had been originally filed there on the date it was filed in this Court. Any determination concerning the timeliness of this appeal shall be made by the transferee court. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.