5D02-2601 Simmons v. StateA

State: Florida

Court: Florida Southern District Court

Docket No: 5D02-2601.op

Case Date: 10/07/2002

Plaintiff: 5D02-2601 Simmons

Defendant: State

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2002

JOHNNY LESLIE SIMMONS, Petitioner, v. STATE OF FLORIDA, Respondent. ______________________________/ Opinion filed October 11, 2002 Petition for Writ of Mandamus, John Alexanders, Respondent Judge. Johnny Leslie Simmons, St. Augustine, pro se. No Appearance for Respondent. PER CURIAM. Johnny Leslie Simmons seeks from this court a writ of mandamus. We deny his petition without prejudice as premature. His petition was filed in this court on August 20, 2002, but the underlying motion to vacate, set aside or correct sentence was filed in the trial court on July 23, 2002, less than one month earlier. This is not an unreasonable delay on the part of the trial court in ruling on the underlying motion. PETITION DENIED. SHARP, W., HARRIS and GRIFFIN, JJ., concur. CASE NO. 5D02-2601

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