Christopher Miller v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 23, 2023
Docket2D2023-0736
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
CHRISTOPHER MILLER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D23-736
June 23, 2023
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for
Hillsborough County; Christopher C. Sabella, Judge.
Christopher Miller, pro se.
PER CURIAM.
Christopher Miller appeals the order denying his motion to correct
illegal sentence filed pursuant to Florida Rule of Criminal Procedure
3.800(a). We affirm the denial without further comment. We note,
however, that Miller's initial brief asks us to compel the circuit court to
rule on a separate pending amended motion for postconviction relief that
he allegedly filed in October 2020. Such a request should be raised in a
petition for writ of mandamus. See Johnson v. State, 938 So. 2d 639,
640 (Fla. 5th DCA 2006) ("Mandamus lies to compel a trial court to rule
on a motion or petition after a reasonable time."). As such, our
affirmance in this matter is without prejudice to Miller's filing a petition
for writ of mandamus regarding his amended motion for postconviction
relief, if necessary.
Affirmed.
NORTHCUTT, KELLY, and LABRIT, JJ., Concur.
Opinion subject to revision prior to official publication.
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