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Utile v. State

District Court of Appeal of Florida, Third District.
Feb 20, 2017
230 So. 3d 854 (Fla. Dist. Ct. App. 2017)

Opinion

CASE NO.: 3D17–0371

02-20-2017

Will UTILE, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s)


A review of the trial court docket does not disclose the filing of a motion for post-conviction relief as alleged by petitioner; however, based on petitioner's appendix, it does appear that such a motion was placed in the hands of the Department of Corrections for mailing on June 27, 2013. Therefore, the petition for writ of mandamus is denied without prejudice to petitioner's right to refile his motion in the trial court nunc pro tunc to June 27, 2013.

SALTER, EMAS and FERNANDEZ, JJ., concur.


Summaries of

Utile v. State

District Court of Appeal of Florida, Third District.
Feb 20, 2017
230 So. 3d 854 (Fla. Dist. Ct. App. 2017)
Case details for

Utile v. State

Case Details

Full title:Will UTILE, Appellant(s)/Petitioner(s), v. The STATE of Florida…

Court:District Court of Appeal of Florida, Third District.

Date published: Feb 20, 2017

Citations

230 So. 3d 854 (Fla. Dist. Ct. App. 2017)