Smith v. State

Full title: Mark Smith, Petitioner, v. The State of Florida, Respondent.

Court: Third District Court of Appeal State of Florida

Date published: Dec 31, 2014

No. 3D14-2643 (Fla. Dist. Ct. App. Dec. 31, 2014)

Opinion

No. 3D14-2643

12-31-2014

Mark Smith, Petitioner, v. The State of Florida, Respondent.

Mark Smith, in proper person. Pamela Jo Bondi, Attorney General, for respondent.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing. Lower Tribunal No. 92-2775 A Case of Original Jurisdiction - Mandamus. Mark Smith, in proper person. Pamela Jo Bondi, Attorney General, for respondent. Before WELLS, SUAREZ, and ROTHENBERG PER CURIAM.

The defendant has filed a petition for writ of mandamus attempting to, once again, obtain a resentencing on counts I and II. This is his fourth attempt to obtain such a resentencing. In 2008, this Court rejected a similar argument saying "the same issue has been raised in a previous motion and been ruled upon and denied. See Smith v. State, 669 So. 2d 1133 (Fla. 3d DCA 1996)." We therefore deny this petition for a writ of mandamus. We caution the defendant that further attempts to obtain such relief may subject the defendant to sanctions.

Petition denied.