Opinion
No. 98-305
Opinion filed April 24, 1998 JANUARY TERM 1998
Petition for Writ of Mandamus.
Newman Brock, Respondent Judge.
Ricardo Johnson, Punta Gorda, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Respondent.
Johnson's petition for a writ of mandamus is denied. It appears the relief he seeks is being supplied by the trial court. A hearing has been set for April 7, 1998, and we assume the trial court will soon thereafter rule on Johnson's motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Thus, there is no necessity for this court to act. See Scarborough v. State, 262 So.2d 674 (Fla. 1972); Stupelli v. Dimitrouleas, 616 So.2d 640 (Fla. 4th DCA 1993).
Petition for Writ of Mandamus DENIED.
SHARP, W., PETERSON and ANTOON, JJ., concur.