Boldon v. State

Full title: NOAH BOLDON, Petitioner, v. STATE OF FLORIDA, Respondent

Court: District Court of Appeal of Florida, First District

Date published: Mar 23, 1999

740 So. 2d 15 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-3341.

Opinion filed March 23, 1999.

Petition for Writ of Mandamus — Original Jurisdiction.

Noah Boldon, pro se, petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, for respondent.

PER CURIAM.

Noah Boldon petitions this court for a writ of mandamus, complaining of the trial court's failure to rule on his motion to withdraw his plea. However, it appears that the motion was made at a time when petitioner was represented by counsel in the trial court and therefore the trial judge was within his discretion to treat the motion as a nullity and disregard it. Smith v. State, 444 So.2d 542, 547 (Fla. 1st DCA 1984).

The petition for writ of mandamus is DENIED.

ALLEN, WEBSTER and VAN NORTWICK, JJ., concur.