Opinion
CASE NO.: 2D19-2915
08-13-2019
Amenhotep KALFANI, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT:
Petitioner's petition for writ of mandamus is denied without prejudice. Petitioner is required to make an express and distinct demand for performance in the trial court, such as by filing a motion to hear and rule, before mandamus will be considered. See Al-Hakim v. State, 783 So. 2d 293, 294 (Fla. 5th DCA 2001). The court also notes that, although the petitioner identifies the underlying rule 3.800(a) motion as having been filed on January 10 or 15, 2019, the circuit court's online docket does not reflect such a filing on or near those dates. A motion to correct illegal sentence was filed in the circuit court on October 29, 2018.
MORRIS, SLEET, and ATKINSON, JJ., Concur.