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708 So. 2d 691

Johnson v. State

District Court of Appeal of Florida · decided 1998-04-24

Relies on 616 So. 2d 640 - Upton v. Grau · 262 So. 2d 674 - Scarborough v. State

Decided 1998-04-24

PER CURIAM.

¶1Johnson’s petition for a writ of mandamus is denied. It appears the relief he seeks is being supplied by the trial court. A hearing has been set for April 7,1998, and we assume the trial court will soon thereafter rule on Johnson’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Thus, there is no necessity for this court to act. See Scarborough v. State, 262 So.2d 674 (Fla.1972); Stupelli v. Dimitrouleas, 616 So.2d 640 (Fla. 4th DCA 1993).

¶2Petition for Writ of Mandamus DENIED.

W. SHARP, PETERSON and ANTOON, JJ., concur.
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