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740 So. 2d 15

Boldon v. State

District Court of Appeal of Florida · decided 1999-03-23

Relies on Smith v. State

Decided 1999-03-23

PER CURIAM.

¶1Noah Boldon petitions this court for a writ of mandamus, complaining of the trial court’s failure to rule on his motion to withdraw his plea. However, it appears that the motion was made at a time when petitioner was represented by counsel in the trial court and therefore the trial judge was within his discretion to treat the motion as a nullity and disregard it. Smith v. State, 444 So.2d 542, 547 (Fla. 1st DCA 1984).

¶2The petition for writ of mandamus is DENIED.

ALLEN, WEBSTER and VAN NORTWICK, JJ„ concur.
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