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859 So. 2d 628

Tyler v. State

District Court of Appeal of Florida

Decided November 26, 2003

District Court of Appeal of Florida · decided 2003-11-26

Relies on Herring v. State

Decided 2003-11-26

PER CURIAM.

¶1Vel Tyler petitions this court for a writ of mandamus, contending that the Circuit Court in and for Alachua County has unreasonably delayed disposition of his motion for postconvietion relief. Having now considered the petition and the response filed on behalf of respondent State of Florida, we agree with petitioner. See Bernard v. State, 734 So.2d 606 (Fla. 1st DCA 1999).

¶2The petition for writ of mandamus is granted and the circuit court is directed to act on the motion within 30 days of issuance of mandate in this proceeding by either acting on the motion or by entering an order which sets an evidentiary hearing to be conducted within a reasonable time after entry of the order.

¶3PETITION GRANTED.

ERVIN, BOOTH and KAHN, JJ., concur.
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