Alphonso G. Lucas v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 22, 2026
Docket3D2026-1139
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 22, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D26-1139
Lower Tribunal No. F12-19634
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Alphonso G. Lucas,
Petitioner,
vs.
State of Florida,
Respondent.
A Case of Original Jurisdiction—Mandamus.
Alphonso G. Lucas, in proper person.
James Uthmeier, Attorney General, and Richard L. Polin,
Chief Assistant Attorney General, for respondent.
Before MILLER, LOBREE, and BOKOR, JJ.
MILLER, J.
Petitioner, Alphonso G. Lucas, seeks a writ of mandamus compelling
the chief judge of the Eleventh Judicial Circuit to reassign his case to a new
judge, issue an order appointing conflict-free counsel to represent him, rule
on his pending motion for postconviction relief consistent with our mandate
in Lucas v. State, 393 So. 3d 859, 859 (Fla. 3d DCA 2024), and grant him
further relief, as is proper, from his convictions for first-degree murder, armed
burglary with assault, aggravated animal cruelty, and aggravated battery,
due to a manifest injustice.
Since the filing of the petition, the assigned judge voluntarily recused
herself, and the successor judge appointed conflict-free counsel, rendering
the first two grounds moot. The essence of Lucas’s remaining claims is that,
following our reversal and remand of the summary denial of his
postconviction relief motion, the trial court has yet to adjudicate his claims
and any future disposition should be favorable.
We recognize that “[m]andamus lies to compel a trial court to rule on a
ministerial matter after a reasonable period of time.” Smith v. Lambdin, 971
So. 2d 209, 210 (Fla. 4th DCA 2007). But we are equally mindful that the
passage of time, as it relates to the adjudication of any given case, must not
be viewed in isolation. Instead, complexity and other individualized factors
require careful consideration.
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Here, we affirmed Lucas’s convictions on direct appeal in 2021, but for
a duplicative aggravated battery conviction that ran afoul of double jeopardy
principles. See Lucas v. State, 335 So. 3d 1203 (Fla. 3d DCA 2021). Lucas
has since filed a myriad of postconviction motions and petitions collaterally
attacking the validity of his judgment and sentence, each of which has had
to make its way through the courts. This motion appears to be the only one
left unadjudicated.
We recognize that we issued our mandate instructing the trial court to
conduct further proceedings over eighteen months ago. But the predecessor
judge subsequently recused, conflict-free counsel had to be procured, and
the trial court requested additional submissions. Given this confluence of
factors, we find the petition is slightly premature. See Rodriguez v. State, 21
So. 3d 826 (Fla. 3d DCA 2009) (denying mandamus where last supplemental
authority was delivered to the trial court less than sixty days ago). We
therefore deny relief, but do so without prejudice to Lucas to file, if necessary,
a new petition for writ of mandamus in this court after a reasonable time has
elapsed.
Petition denied.
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