Smith v. State

Full title: Mark SMITH, Petitioner, v. The STATE of Florida, Respondent.

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

Date published: Mar 6, 2015

156 So. 3d 517 (Fla. Dist. Ct. App. 2015)

Opinion

No. 3D14–2643.

2015-03-6

Mark SMITH, Petitioner, v. The STATE of Florida, Respondent.

A Case of Original Jurisdiction—Mandamus. Mark Smith, in proper person. Pamela Jo Bondi, Attorney General, for respondent.

PER CURIAM.

A Case of Original Jurisdiction—Mandamus.
Mark Smith, in proper person.Pamela Jo Bondi, Attorney General, for respondent.
Before WELLS, SUAREZ, and ROTHENBERG.

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.