Opinion
Case No. SC02-2572.
April 11, 2003.
Lower Tribunal No. AC93-37543
Petitioner has submitted a Motion to Have Sentence Run Concurrent which this Court has treated as a petition for a writ of mandamus. The petition, and all subsequently filed motions, are hereby transferred to the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, Florida (Case No. AC93-37543), for consideration as either a motion to modify sentence pursuant to Florida Rule of Criminal Procedure 3.800(c) or a motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition should be considered as a motion filed pursuant to Florida Rule of Criminal Procedure 3.800. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. If necessary, any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court.