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Gregory v. State

District Court of Appeal of Florida, First District.
Nov 24, 2015
207 So. 3d 909 (Fla. Dist. Ct. App. 2015)

Opinion

No. 1D15–3092.

11-24-2015

Eric B. GREGORY, Sr., Petitioner, v. STATE of Florida, Respondent.

Eric B. Gregory, Sr., pro se, Petitioner. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Respondent.


Eric B. Gregory, Sr., pro se, Petitioner.

Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Respondent.

PER CURIAM.

To the extent it seeks an order compelling action by the lower tribunal on petitioner's notice of voluntary dismissal of his motion and amended motion to correct illegal sentence, the amended petition for writ of mandamus is DISMISSED as moot. To the extent the amended petition seeks to compel disposition of petitioner's "new" motion to correct illegal sentence, which appears to have been tendered to the lower tribunal solely as an attachment to petitioner's motion to compel action on his notice of voluntary dismissal, it is DENIED for failure to properly file the "new" motion directly with the lower tribunal, rather than as an attachment to another motion.

THOMAS, ROWE, and KELSEY, JJ., concur.


Summaries of

Gregory v. State

District Court of Appeal of Florida, First District.
Nov 24, 2015
207 So. 3d 909 (Fla. Dist. Ct. App. 2015)
Case details for

Gregory v. State

Case Details

Full title:Eric B. GREGORY, Sr., Petitioner, v. STATE of Florida, Respondent.

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

Date published: Nov 24, 2015

Citations

207 So. 3d 909 (Fla. Dist. Ct. App. 2015)