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.