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123 So. 3d 646

Smith v. State

District Court of Appeal of Florida

Decided October 2, 2013

District Court of Appeal of Florida · decided 2013-10-02

Relies on Clark v. State · 71 So. 3d 246 - Smith v. State

Decided 2013-10-02

PER CURIAM.

¶1Affirmed. Concerning the conversion of appellant’s drug offender probation to regular probation with special conditions, see Smith v. State, 71 So.3d 246 (Fla. 4th DCA 2011), the trial court’s order on remand *647reflects it already has undertaken to order a resentencing hearing, but appellant argues the hearing has not yet been set. As to that ground, his remedy is to bring the matter to the trial court’s attention, requesting a setting of the hearing, and then, if the trial court unreasonably delays thereafter, to file a petition for writ of mandamus with this court. See generally Clark v. State, 908 So.2d 597 (Fla. 4th DCA 2005).

GROSS, TAYLOR and LEVINE, JJ., concur.
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