Bower v. Gersten

District Court of Appeal of Florida

Bower v. Gersten

642 So. 2d 849, 1994 Fla. App. LEXIS 9466, 1994 WL 535060

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 1994

DocketNo. 94-1609

StatusPublished

Cited by1 cases

This text of 642 So. 2d 849 (Bower v. Gersten) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bower v. Gersten, 642 So. 2d 849, 1994 Fla. App. LEXIS 9466, 1994 WL 535060 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

Petitioner, Andre Bower, files a writ of mandamus to compel the trial judge to rule on his motion for rehearing from a denial of a 3.850 motion for postconviction relief. We issued a rule to show cause and a response was duly received.

On February 10, 1994, petitioner filed a motion for postconviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure, which was summarily denied by the trial judge on March 18, 1994. Thereafter, petitioner timely filed a motion for rehearing from the denial of the post conviction relief motion but alleges he received no response. Petitioner further alleges that he filed a second motion for rehearing which has yet to be ruled upon. Through a writ of mandamus, petitioner seeks to compel the trial court to rule on his motion for rehearing so that he may timely appeal the denial of his motion for posteonviction relief if necessary.

Review of the record reveals that the trial court denied both of defendant’s motions for rehearing on April 21, 1994, and June 8, 1994, respectively. However, there is no indication from the record that a written order was ever recorded or supplied to defendant. Pursuant to Rule 3.850(g), Florida Rules of Criminal Procedure, defendant is entitled to a copy of any order denying a motion for rehearing from a denial of a 3.850 motion for post conviction relief. Therefore, we grant the writ and direct the trial court to supply defendant with a copy of the orders denying his motions for rehearing.

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PER CURIAM.

Petitioner, Andre Bower, files a writ of mandamus to compel the trial judge to rule on his motion for rehearing from a denial of a 3.850 motion for postconviction relief. We issued a rule to show cause and a response was duly received.

On February 10, 1994, petitioner filed a motion for postconviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure, which was summarily denied by the trial judge on March 18, 1994. Thereafter, petitioner timely filed a motion for rehearing from the denial of the post conviction relief motion but alleges he received no response. Petitioner further alleges that he filed a second motion for rehearing which has yet to be ruled upon. Through a writ of mandamus, petitioner seeks to compel the trial court to rule on his motion for rehearing so that he may timely appeal the denial of his motion for posteonviction relief if necessary.

Review of the record reveals that the trial court denied both of defendant’s motions for rehearing on April 21, 1994, and June 8, 1994, respectively. However, there is no indication from the record that a written order was ever recorded or supplied to defendant. Pursuant to Rule 3.850(g), Florida Rules of Criminal Procedure, defendant is entitled to a copy of any order denying a motion for rehearing from a denial of a 3.850 motion for post conviction relief. Therefore, we grant the writ and direct the trial court to supply defendant with a copy of the orders denying his motions for rehearing.

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Bluebook (online)

642 So. 2d 849, 1994 Fla. App. LEXIS 9466, 1994 WL 535060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bower-v-gersten-fladistctapp-1994.

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