Valladares v. State

Full title: HECTOR VALLADARES, Petitioner, v. STATE OF FLORIDA, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 27, 2002

Case No. 5D02-2858 (Fla. Dist. Ct. App. Dec. 27, 2002)

Opinion

Case No. 5D02-2858.

Opinion filed December 27, 2002.

Petition for Writ of Mandamus A. Thomas Mihok, Respondent Judge.

Hector Valladares, Perry, Pro Se.

Richard E. Doran, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Hector Valladares petitions this court for a writ of mandamus. He complains that he filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 in the circuit court¹ on October 31, 2001, and to date, the matter has not been resolved.

1 Orange County case no. CR99-10923.

The delay in acting on the motion is unreasonable, and mandamus is appropriate under the circumstances. Bernard v. State, 734 So.2d 606 (Fla. 1st DCA 1999). Accordingly, we direct the circuit court to hold an evidentiary hearing or rule on Valladares's motion on or before January 31, 2003. Because we are confident that the trial court will comply with this directive, we withhold issuance of the writ at this time.

SHARP, W., GRIFFIN and ORFINGER, JJ., concur.