Jenerette v. State

Full title: Eugene JENERETTE, Petitioner, v. STATE of Florida, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 28, 2009

16 So. 3d 304 (Fla. Dist. Ct. App. 2009)

Opinion

No. 5D09-2566.

August 28, 2009.

Petition for Writ of Mandamus, Warren Burk, Respondent Judge.

Eugene Jenerette, Wewahitchka, pro se.

No appearance for Respondent.

Prior report: 898 So.2d 1144.

PER CURIAM.

We treat Jenerette's petition for mandamus as a notice of appeal from the trial court's order denying his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. As the trial court correctly concluded that Jenerette's motion was untimely and successive, we affirm.

AFFIRMED.

LAWSON, EVANDER and COHEN, JJ., concur.